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"These
statements have not been evaluated by the FDA. In a landmark decision
on Friday, Jan. 15, 1999, the US Court of Appeals for the District
of Columbia ruled that the health claim rules imposed by the FDA
unconstitutional and in violation of the Administrative
Procedure Act. The court instructed the
FDA to define "significant scientific agreement" for health claims
on dietary supplement labels, and instructed the FDA to allow the
use of disclaimers on labels rather than to suppress these
claims outright. The court further held that four FDA Final rules
(prohibiting certain nutrient disease relationship claims) invalid
under the first Amendment to the Constitution.
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