> ## Content Index
> Fetch the complete content index at: https://www.fdaweb.com/llms.txt
> Use this file to discover other available public pages before exploring further.

# Appeals Court Finds Lawsuit Against Supplement Maker Preempted
- URL: https://www.fdaweb.com/appeals-court-finds-lawsuit-against-supplement-maker-preempted/
- Published: 2019-01-11T12:00:00.000Z
- Updated: 2026-09-15T00:53:59.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5143137

The U.S. Ninth Circuit Court of Appeals has [affirmed](http://cdn.ca9.uscourts.gov/datastore/opinions/2019/01/10/17-16242.pdf?ref=fdaweb.com) a district court decision siding with dietary supplement maker NBTY over structure/function claims on its vitamin E supplements claiming to “support cardiovascular health” and to “promote immune function,” “immune health,” “heart health,” and “circulatory health.” In *Dachauer vs. NBTY*, plaintiff **Paul Dachauer** argued that the product’s label statements violate two California laws against false advertising because the supplements do not prevent cardiovascular disease and might increase the risk of all-cause mortality.

The appeals court found that FDA’s regulations expressly preempt state-law requirements for claims about dietary supplements that differ from agency requirements. The opinion noted that agency regulations distinguish between “disease claims,” which are not permitted on supplements, and “structure/function claims” that manufacturers make about their products. It further held that FDA’s regulations “preempted plaintiff’s claims to the extent that he argued that defendants’ structure/function claims were false or misleading because their supplements did not prevent cardiovascular disease.”