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Fleminger v. Health and Human Services

854 F. Supp. 2d 192 (2012)

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Fleminger v. Health and Human Services

United States District Court for the District of Connecticut
854 F. Supp. 2d 192 (2012)

AR

Facts

Fleminger, Inc. (plaintiff) made and sold green tea. Fleminger asked the Food and Drug Administration (FDA) to approve a qualified health claim that drinking green tea may reduce the risk of breast or prostate cancer. The FDA refused and told Fleminger that it would only approve a qualified health claim that said “Green tea may reduce the risk of breast or prostate cancer. FDA does not agree that green tea may reduce the risk because there is very little scientific evidence for the claim.” The FDA said that “does not agree” ensured that consumers did not think the FDA approved the claim. Fleminger sued, arguing that the required disclaimer violated its First Amendment rights.

Rule of Law

Issue

Holding and Reasoning (Bryant, J.)

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Casebooks

Food and Drug Law

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