Glucosamine Buyer’s Labeling Claims Are Preempted, 2nd Cir. Says

A Walgreen Co. shopper who alleged the retailer and International Vitamin Corp. sold mislabeled glucosamine supplements failed to convince a federal appeals court to revive her proposed class action.

The consumer’s claims were preempted by the Federal Food, Drug, and Cosmetic Act, as amended by the Nutrition Labeling and Education Act, which outlines national standards for dietary supplement labeling, the US Court of Appeals for the Second Circuit said Friday affirming the suit’s dismissal.

Plaintiff Theda Jackson-Mau alleged a glucosamine sulfate supplement sold under the Finest Nutrition brand was deceptively labeled because it was made from a blend rather than ...