Intellectual Property

Porzio Principal Richard J. Oparil Quoted on Bayer's Favorable Ruling in Dietary Supplement Case

9/28/2015 | News

Bayer had been accused of violating a 2007 consent decree filed with the FTC; the FTC's request to hold Bayer Corp. in contempt in the ongoing dietary supplements case has been denied.

Representatives for the supplements industry have long maintained that the government's demand for randomized controlled trials (RTCs) to support Bayer’s probiotic claims undermines the 1994 Dietary Supplement Health and Education Act (DSHEA).

Porzio principal Richard J. Oparil was quoted on the case by Natural Products Insider.  “Based on the Order, it is safe to say that the Government did not meet its burden of proving that Bayer disobeyed the prior consent order—that all supplement claims would be supported by ‘competent and reliable’ scientific evidence—by clear and convincing evidence."

Mr. Oparil represents the Natural Products Association, which filed an amicus brief in the case.

Natural Products Association

To read the full Natural Products Insider article, please click here.

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