A court action has been lodged which challenges the Food and Drug Administration (FDA) qualified health claims system via five disputed selenium health claims.

The action, lodged by Jonathan W. Emord of Virginia-based law firm, Emord & Associates, states that the qualified health claims system must modify its procedures as it is preventing truthful messaging from reaching consumers, and challenges five selenium cancer health claims, reported NutraIngredients USA.

Emord said the action, which seeks “declaratory and injunctive relief” from the FDA and US Department of Health and Human Services, followed a 1999 case (Pearson versus Shalala), which validated qualified health claim messaging as a First Amendment freedom of speech right.

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