Opposition Brief Filed in Saw Palmetto SuitOpposition Brief Filed in Saw Palmetto Suit

Opposition Brief Filed in Saw Palmetto Suit

WASHINGTON--As part of an ongoing lawsuit against the Food and Drug Administration (FDA), the plaintiffs in the Whitaker suit filed an opposition brief. The suit is the result of an FDA Order that prohibits a health claim associating saw palmetto with reducing the symptoms of Benign Prostatic Hyperplasia (BPH). According to the FDA, this is not a valid health claim. However, the plaintiffs [Dr. Julian Whitaker, Pure Encapsulations Inc.; Durk Pearson; Sandy Shaw; and the American Preventive Medical Association] assert that it is a valid claim and the FDA has suppressed their First Amendment rights to freedomof speech.The plaintiffs argue that the FDA violated the First Amendment, along with Pearson v. Shalala, by denying and suppressing the sawpalmetto-BPH health claim. They also hold that the FDA violated the Nutrition Labeling and Education Act and the Administrative Procedure Act by "arbitrarily and capriciously refusing to evaluate the proposed health claim under the NLEA health claim review standard." For a copy of the Plaintiffs' Opposition,call Jennifer House at Emord & Associates, (202) 466-6937.