Federal Judge Dismisses 'Ear Candle' Suit Against FDA

WASHINGTON, D.C. - A federal judge has dismissed a suit brought against the Food and Drug Administration by "ear candle" manufacturers, ruling that they were not injured by the agency's determination that the candles are medical devices that require FDA approval. Holistic Candlers and Consumer Association v. U.S. Food and Drug Administration, No. 10-582 (D. D.C.).

On March 16, Judge Richard J. Leon of the U.S. District Court for the District of Columbia further ruled that plaintiffs' claims are not ripe because the FDA warning letter was not a "final agency action."

In February 2010, the FDA issued a warning …