Court Dismisses Health Science Funding Case vs. FDA

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The New Jersey federal court has granted an FDA motion seeking dismissal of a case brought against it by Health Science Funding, which developed and markets as a medical food Prastera, a pharmaceutically pure dehydroepiandrosterone product. The company typically sells Prastera as a dietary supplement for women with lupus. In its suit, Health Science Funding sought a judicial opinion that Prastera meets the legal definition of a medical food and an injunction to prevent the agency from taking any enforcement action against it during the litigation once Prastera is recognized by the court as a medical food.

The court held that FDA has not taken any final action regarding Prastera’s status as a medical food and no enforcement action, and thus there is no dispute that is ripe for judicial review. The court cannot become involved, it said, until FDA has in fact taken final actions that harm the company.

The court also found that the company lacked standing to seek an injunction against the agency because any injury it has suffered is not subject to judicial review. It held that the company was attempting to circumvent FDA’s ability to use its administrative enforcement tools.

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