540-day waiting period for approval of labelling claims upheld

Article Abstract:

The US 2d Circuit Court of Appeals ruled in Nutritional Health Alliance v. Shalala that a 540-day waiting period the Food and Drug Administration (FDA) allows to put health claims on labels of dietary supplements does not constitute prior restraint. The Nutritional Health Alliance claimed the government had a right to regulate truthful commercial speech only if it had a substantial interest. The FDA claimed it needed to protect consumers and restraint was appropriate to the need.

United States, Dietary supplements, Prior restraint

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Publisher's suit over government registration reinstated

Article Abstract:

The US 7th Circuit Court of Appeals ruled in Commodity Trend Service (CTS) v. Commodities Futures Trading Commission (CFTC) that a nonpersonalized commodities publisher could challenge the CFTC registration requirement for commodity trading advisors. The CFTC argued CTS did not have standing to challenge registration, but the court disagreed. The court stated CTS had First Amendment grounds and that their speech did not meet the definition of commercial speech.

Publishing industry, Standing (Law), Commodity brokers

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