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United States v. Undetermined Quantities of an Article of Drug Labeled as Exachol
United States District Court for the Southern District of New York
716 F. Supp. 787 (1989)
- Written by Alex Ruskell, JD
Facts
U.S. Health Club, Inc. (defendant) sold a food supplement called Exachol. The Food and Drug Administration (FDA) sued to condemn and seize Exachol as a misbranded and unapproved drug. The FDA moved for summary judgment. Health Club argued that the FDA was treating Exachol differently than other products covered by the Health Claims for Food Policy, which made rules regarding health claims made by certain products. Specifically, Health Club argued that the FDA had declined to regulate Kellog’s All-Bran and certain fish oils even though there was no relevant difference between Exachol and these other products.
Rule of Law
Issue
Holding and Reasoning (Sweet, J.)
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