The U.S. Court of Appeals for the First Circuit just recently supported a district court’s order giving summary judgment to the Vitamin Shoppe, ruling that the complainants’ state law declares in regard to 3 dietary supplements with glutamine were preempted due to the fact that the labels abided by federal law.
First Circuit Judge Silvia Carreño-Coll authored the June 9 viewpoint, with the court concluding that Richard Ferrari and William Bohr’s state declares versus the Vitamin Shoppe were preempted by the Food, Drug, and Cosmetic Act. Ferrari and Bohr had actually acquired 3 dietary supplements consisting of glutamine, hoping the glutamine would aid with muscle development and healing, as the labels had actually stated.
