The groups are protesting FDA’s attempt to limit to dietary supplements its implementation of a U.S. Court of Appeals decision (Pearson vs. Shalala), which found the agency’s policy on disease prevention claims to be too restrictive. “Nothing in the Pearson decision limits the impact of the court’s analysis to dietary supplements,” says GMA vice president Stacey Zawel.
In addition, the two groups believe health claims should be allowed to address mitigation or treatment of disease, as well as prevention, as long as these claims are substantiated and not misleading. FDA has argued that mitigation or treatment claims would put these foods in the category of drugs.
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