August 15, 2011
Partner Sarah Roller was quoted in the The Tan Sheet
article, "FDA Regulation Of Homeopathics Does Not Pre-empt Damages Claims - Court." The article discusses a recent case in which a federal judge rejected an argument that FDA's regulation of homeopathic drugs pre-empts a state consumer protection law. This decision is a false advertising class action lawsuit against homeopathic firm Boiron, which shows that homeopatics, despite their separate status among FDA-regulated products, are just as vulnerable to consumer suits as pharmaceuticals, foods, and dietary supplements.
"The Boiron suit follows a general trend toward more consumer class action complaints alleging false advertising against marketers of drugs, foods and dietary supplements," said Ms. Roller.
"While the case may be a bitter pill for homeopathic drug companies, neither the plaintiff's false advertising allegations nor the court's decision in Delarosa v. Boiron should come as a surprise," said Ms. Roller. She continued, noting that homeopathic marketers, like other companies selling health products, need to ensure their advertising conforms to the requirements of the FDA, the Federal Trade Commission, and state laws.