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US Court Rules in Favour of Free Speech on Health Claims
http://www.organicconsumers.org/articles/article_20953.cfm
    * Will this precedent influence European policy on health claims for 
foods and food supplements?
      Alliance for Natural Health, May 31, 2010

DORKING, UK: The US Food and Drug Administration (FDA) lost its bid to 
overturn a health claim for selenium-containing dietary supplements last 
Thursday in the United States District Court for the District of Columbia. 
District Court Judge Ellen Huvelle ruled unconstitutional the FDA's 
censorship of selenium dietary supplement claims relating to the reduction of 
cancer risk. Jonathan Emord of Emord & Associates on behalf of the plaintiffs 
in the case (including lead plaintiff Alliance for Natural Health USA 
(ANH-USA); Durk Pearson and Sandy Shaw; and the Coalition to End FDA and FTC 
Censorship). The verdict, unless reversed on appeal, protects the First 
Amendment right of dietary supplement manufacturers to provide "qualified 
health claims" which accurately communicate the state of science concerning 
dietary supplements. This is a remarkable seventh victory over the FDA by the 
Emord firm (six of which invalidated FDA health claim censorship).

The lawsuit was initiated last summer in response to the FDA's 19th June 2009 
decision to suppress selenium/cancer-risk reduction claims. Ten of the claims 
(all appealed by the plaintiffs) were held unconstitutionally censored. The 
plaintiffs expressed their belief that this violated their right to 
communicate truthful health information to the public. The judge found that 
the FDA had denied claims despite credible evidence supporting them and had 
thereby infringed on free speech.

Prior to this ruling the FDA required near conclusive scientific evidence for 
any nutrient claim. The judge ruled that so long as the claim is an accurate 
reflection of the state of science, the First Amendment protects it.