The U.S. Court of Appeals for the First Circuit recently upheld a district court’s order granting summary judgment to the Vitamin Shoppe, ruling that the plaintiffs’ state law claims in regard to three dietary supplements with glutamine were preempted because the labels complied with federal law.
First Circuit Judge Silvia Carreño-Coll authored the June 9 opinion, with the court concluding that Richard Ferrari and William Bohr’s state claims against the Vitamin Shoppe were preempted by the Food, Drug, and Cosmetic Act. Ferrari and Bohr had purchased three dietary supplements containing glutamine, hoping the glutamine would help with muscle growth and recovery, as the labels had said.
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