Durk Pearson Sandy Shaw, American Preventive Medical Association Citizens for Health National Health Federation v. Food and Drug Administration Secretary of Health & Human Services United States of America

65 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Durk PEARSON; Sandy Shaw, American Preventive Medical Association; Citizens for Health; National Health Federation, Petitioners, v. FOOD AND DRUG ADMINISTRATION; Secretary of Health & Human Services; United States of America, Respondents. Nos. 94-70091, 94-70092, 94-70093. United States Court of Appeals, Ninth Circuit. Submitted Aug. 15, 1995. * Decided Aug. 21, 1995. Before: FLETCHER, POOLE and O'SCANNLAIN, Circuit Judges. ORDER 1 Petitioners challenge three regulations adopted by the United States Food and Drug Administration that govern the content of health claims on labels for dietary supplements. 59 Fed.Reg. 433 (1994) (codified at 21 C.F.R. Sec. 101); 59 Fed.Reg. 436 (1994) (codified at 21 C.F.R. Sec. 101); 59 Fed.Reg. 395 (1994) (codified at 21 C.F.R. Secs. 20, 101). The regulations were adopted pursuant to the Nutrition Labeling and Education Act of 1990, ("NLEA"), Pub.L. No. 101-535, 104 Stat. 2353…