Challenge to Dietary Supplement Structure/Function Claims Preempted

On March 31, 2022, the U.S. District Court for the District of Massachusetts held that Plaintiffs’ claims— which alleged that the labels on three of Vitamin Shoppe, Inc.’s dietary supplements included false and misleading statements— were preempted by the Federal Food, Drug, and Cosmetic Act (the “Act”). The Court therefore granted summary judgment in favor... Continue Reading