Preemption Ends Appeal of Dyspeptic Supplement Case
Litigation attorney Eric Alexander authored an article featured on Drug & Device Law discussing the Dietary Supplement Health and Education Act. Mr. Alexander examines the issues of a variety of consumer fraud cases about FDA-regulated products. He also explains how the plaintiffs complain about a range of food labeling issues that are often quite trivial, like how much air is in a bag of chips or whether a food labeled “organic” meets the plaintiff’s personal standard. In DiCroce v. McNeil Nutritionals, the plaintiff brought a consumer protection suit on behalf of a putative class of Massachusetts purchasers of a well-known enzymatic supplement who were allegedly deceived by its labeling. He concludes with breaking down the case’s decision on if the outcome will help deter plaintiff lawyers from bringing lawsuits predicated on the labeling of FDA-regulated products.