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Thursday, February 10, 2005 9:40:55 AM
The Federal Food, Drug, and Cosmetic Act ("FDCA") prohibits labeling claims that are false or misleading. An unsubstantiated dietary supplement claim is false or misleading and therefore violates the FDCA. Nor can a marketer promote a supplement to treat a disease. A dietary supplement that is promoted to treat, prevent, or cure a disease or condition is considered an unapproved, and therefore illegal, new drug.
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