Nutraceutical Corporation v. Von Eschenbach
United States Court of Appeals for the Tenth Circuit
459 F.3d 1033 (2006)

- Written by Alex Ruskell, JD
Facts
The Food and Drug Administration (FDA) issued a regulation banning the sale of products containing ephedrine-alkaloid dietary supplements. Under the relevant Dietary Supplement Health and Education Act, the FDA found such products presented a significant risk of harm. Specifically, the FDA undertook a cost-benefit analysis and found that the weight-loss effects of the products were outweighed by the reports of strokes, heart attacks, and seizures. Nutraceutical Corporation (plaintiff) sued to challenge the regulation, and the district court ruled in its favor. The government appealed.
Rule of Law
Issue
Holding and Reasoning (Eagan, J.)
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