Judge Refuses to Restrain FDA From Returning Evidence

SAN JOSE, Calif. - A California federal judge has denied a class action plaintiff's request to prevent the Food and Drug Administration from returning evidence collected in the criminal investigation of a dietary supplement maker, ruling that the plaintiff failed to show the likelihood of irreparable harm. Thome, et al. v. Food and Drug Administration, No. 11-676 (N.D. Calif.).

On March 9, Judge Lucy H. Koh of the U.S. District Court for the Northern District of California further ruled that the likelihood of the manufacturer destroying or losing the evidence is slim.

Victor Thome is a putative class representative in …