Nutrilab, Inc. v. Schweiker
United States Court of Appeals for the Seventh Circuit
713 F.2d 335 (1983)

- Written by Alex Ruskell, JD
Facts
Nutrilab, Inc. (plaintiff) made starch blockers out of kidney beans. Starch blockers blocked the digestion of starch to help people lose weight. The Food and Drug Administration classified starch blockers as drugs. If starch blockers were drugs, Nutrilab would be required to file a new-drug application and remove the product from the marketplace until the Food and Drug Administration approved it as a drug. Nutrilab sued, arguing that starch blockers were food and not subject to such testing. The lower court found that starch blockers were drugs because food was made up of things used solely for taste, aroma, or nutritive value. Nutrilab appealed.
Rule of Law
Issue
Holding and Reasoning (Cummings, C.J.)
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