Emord Sues FDA over Antioxidant/Cancer Reduction Claims

WASHINGTON Emord & Associates filed a lawsuit against FDA in U.S. District Court, District of Columbia, seeking to force the agency to allow marketers to use health claims for antioxidant vitamins and a reduction in cancer risk. The suit, filed on behalf of the Alliance for Natural Health US, Durk Pearson, Sandy Shaw, and the Coalition to End FDA and FTC Censorship, alleges FDA is violating the First Amendment to free speech by not permitting a qualified health claim for antioxidant vitamins and cancer risk reduction. The plaintiffs are seeking declaratory and injunctive relief, asking the court to hold FDAs decision denying the health claim unconstitutional and enjoining the agency from preventing the entry of such claims into the market.