Washington Legal Foundation Publishes Letter Co-Authored by Katie Bond on Ninth Circuit Ruling Related to Dietary Supplements


Partner Katie Bond and Megan Olsen of the Council for Responsible Nutrition, the leading trade association representing dietary supplement manufacturers and suppliers, assess a recent Ninth Circuit preemption ruling (Greenberg v. Target Corp., No. 19-16699, 2021 WL 116537 (9th Cir. Jan. 13, 2021)), in a Jan. 22 legal opinion letter for the Washington Legal Foundation. In the letter, “Ninth Circuit Protest Federal Regulatory Regime that Promotes the Dissemination of Nutrition Information,” they discuss the court’s ruling and application of the Federal Food, Drug, and Cosmetic Act (FDCA).

The letter states, “This Ninth Circuit decision provides significant precedent protecting companies from future challenges based on similar arguments that a structure/function claim is false unless a company endeavors to predict how consumers might obtain a nutrient.”­