Saw Palmetto Court Date Set

Saw Palmetto Court Date Set

WASHINGTONThe U.S. Court ofAppeals for the D.C. Circuit set Nov. 10 at 9:30 a.m. as the time for oralargument in the case Whitaker v. Thompson. The case involves theFirst Amendment challenge to a Food and Drug Administration (FDA) decisionbanning the following claim on labels for saw palmetto dietary supplements: Consumptionof 320 mg daily of saw palmetto extract may improve urine flow, reduce nocturiaand reduce the voiding urgency associated with mild benign prostatic hyperplasia(BPH).

Plaintiffs counsel, Emord & Associates (www.emord.com),noted the case asks whether FDA may constitutionally suppress truthful claimsabout the effects of foods and dietary supplements on existing diseases anddisease conditions. Currently, such claims may only be made for products thathave received drug approval.