9th Cir. Upholds Dismissal of Supplement Labeling Action on Preemption Basis

SAN FRANCISCO — Claims challenging a biotin dietary supplement’s labeling are preempted by federal law because the challenged statements met the Food, Drug and Cosmetic Act’s requirements for a “structure/function” claim, a federal appellate court has affirmed.

On Jan. 13, the 9th Circuit U.S. Court of Appeals panel found that the label’s statement that biotin “helps support healthy hair and skin” is truthful and not misleading, and that the label had the appropriate disclosures and did not claim to treat diseases.

In 2015, Todd Greenberg bought a bottle of “Up & Up” brand biotin supplement from Target for $8 in …