Ga. Judges Say Dietary Supplement Label Suit Is FDA Issue – Law360

By Rosie Manins (June 27, 2022, 8:35 PM EDT) — A plaintiff can’t pursue his deceptive product labeling case against a Georgia dietary supplement maker because it deals with unanswered questions under the Food and Drug Administration’s purview, the Georgia Court of Appeals has held.

In a unanimous opinion Friday, the court affirmed part of a state trial court’s ruling that Shawn Smith’s case against Hi-Tech Pharmaceuticals Inc. falls under the primary jurisdiction of the FDA. The court also reversed the lower court’s finding that Smith’s claims, brought under the District of Columbia Consumer Procedures and Protection Act, are preempted by the federal Food, Drug and Cosmetic Act.

The three-judge panel…

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