Alliance for Natural Health US v. Sebelius

MEMORANDUM OPINION

BERYL A. HOWELL, District Judge.

Dietary supplement designers and industry groups brought this lawsuit challenging a decision of the Food and Drug Administration (“FDA”) to deny a petition for authorization of certain qualified health claims regarding dietary supplements containing vitamin C and vitamin E. The plaintiffs assert the FDA’s decision has violated their First Amendment rights. Invoking both circuit and district court opinions that have addressed similar claims, plaintiffs seek a declaratory judgment that the FDA’s final order denying the petition is invalid and a…