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WELLIFE PRODUCTS v. SHALALA

No. 94-1293.

52 F.3d 357 (1995)

WELLIFE PRODUCTS; National Institute for Science Law and Public Policy, Petitioners, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services; U.S. Department of Health and Human Services; David A. Kessler, Commissioner of Food and Drugs; Food and Drug Administration; United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 1995.

Attorney(s) appearing for the Case

James S. Turner, was on the brief, for petitioners.

Asst. Atty. Gen. Frank W. Hunger and Barbara C. Biddle, Asst. Director, Susan L. Strawn, and Gerald C. Kell, Attys., U.S. Dept. of Justice, were on the brief, for respondents. Douglas N. Letter, Counsel, U.S. Dept. of Justice, entered an appearance.

Sandra B. Eskin and Bruce Silverglade were on the brief, for amici curiae American Cancer Soc., American Heart Ass'n, Center for Science in the Public Interest, and Consumer Federation of America.

Before BUCKLEY, WILLIAMS, and TATEL, Circuit Judges.

PER CURIAM:

Petitioners, a marketer of dietary supplements and a not-for-profit consumer research and education organization, challenge a Food and Drug Administration ("FDA") regulation that limits the ability of vendors to publish health claims on the labels of vitamins, minerals, herbs, and other such dietary supplements. Petitioners claim that the regulation unduly burdens commercial speech in violation of the First Amendment of the Constitution. We find that we...

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