Ga. High Court Refuses to Review Ruling in Dietary Supplement Case

ATLANTA — The Georgia Supreme Court has refused to review a ruling that a lawsuit targeting a dietary supplement containing methylsynephrine is barred under the doctrine of primary jurisdiction because the Food and Drug Administration has not taken final agency action to determine whether the product is safe.

The high court denied certiorari in the case on Aug. 21, letting stand the Georgia Court of Appeals’ opinion that the action involves questions concerning “the evaluation of conflicting scientific evidence in the complex areas of product and ingredient classification and health and safety” that are best left for the FDA to …