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Bayer Scores a Big Win in Action Involving Dietary Supplement Claim Substantiation
October 1, 2015By Jennifer M. Thomas –
On October 1, 2015, the U.S. District Court for the District of New Jersey unsealed its opinion in United States v. Bayer Corp., No. 07-cv-00001 (D.N.J. Sept. 24, 2015), confirming a significant defeat for the government, and a clear victory for Bayer. Whether the decision represents a victory for the dietary supplement industry as a whole remains to be seen, depending on the government’s response to the case with respect to its enforcement efforts going forward and whether the government will appeal this ruling.
We have previously blogged about the Bayer case here and here, and those postings include links to key documents including the underlying 2007 consent decree, the government’s motion for an Order to Show Cause, Bayer’s response to that motion, the Council for Responsible Nutrition’s and Natural Products Association’s requests to participate as amici, and the Court’s Order granting the government’s motion for an Order to Show Cause.
We will post a more detailed analysis of the Bayer case and its potential effects in the coming days.
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- Surely You Must be Kidding, PTO?!? “No, and Don’t Call Me Shirley!” – The Seemingly Slapstick (But Yet Unfunny) World of Recent Patent Term Extension Decisions (PART 3 . . . and PART 3½) March 14, 2024
- Drugs Companies Clap Back at Congress…Then Get Sued March 13, 2024
- Bad Labs! Bad Labs? Whatcha Gonna Do? March 12, 2024
- 15 Years Strong: Rare Disease Week’s Remarkable Journey of Support March 10, 2024
- HP&M’s Larry Houck A Panelist at FDLI’s Cannabis Regulation Conference March 10, 2024
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
- Cannabis
- cGMP Compliance
- Consumer Product Safety Commission
- Controlled Substances
- Cosmetics
- COVID19
- Current Affairs
- Dietary Supplements
- Drug Development
- Drug Enforcement Administration
- Enforcement
- FDA News
- Foods
- Foods and Dietary Supplements
- Fraud and Abuse
- Government Pricing
- Hatch-Waxman
- Health Care
- Health Privacy
- Import/Export
- In Vitro Diagnostic Devices
- Jobs
- Medical Devices
- Miscellaneous
- Orphan Drugs
- OTC Drugs and Cosmetics
- Prescription Drugs and Biologics
- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
- Tobacco
- Uncategorized