First Circuit Sides With Vitamin Shoppe: Plaintiffs' State Law Claims Against Glutamine Supplement Preempted by Federal Law
“In sum, because the contested statements about glutamine on Vitamin Shoppe’s labels describe glutamine’s effect on the human body’s structure or function or explain how glutamine maintains that structure or function, they are structure/function claims under § 343(r)(6)(A),” First Circuit Judge Silvia Carren o-Coll wrote.
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