Katie Bond and Samuel Butler Author a Washington Legal Foundation Article on a Preemption Win in the Dietary Supplement Space

Keller and Heckman Partner Katie Bond and Associate Samuel Butler authored a Washington Legal Foundation article, “Which Is to Be Master? A Preemption Win in The Dietary Supplement Space.” In the article, Katie and Sam write about a recent Ninth Circuit decision, which “holds that the FDA is to be master of the ‘common or usual name’ of dietary ingredients in a supplement, precluding state law claims that a product’s name is misleading when the product is named in accordance with FDA requirements.” Katie and Sam discuss a few relevant cases that bring questions surrounding this decision to light, and ultimately conclude with this final idea: “If the FDCA is going to say what a word means, it must retain the power to do so uniformly,” write Katie and Sam. “The Hollins decision correctly reaches that result.”

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