FDCA Preempts State Law Claims Against Vitamin Maker, Ill. Judge Rules

CHICAGO — State law claims brought by a Muslim woman who accuses Pharmavite LLC of failing to list animal by-products on its Vitamin D3 supplement label are preempted because they call for requirements that are different than those imposed by federal law.

On Oct. 24, Judge Charles P. Kocoras of the U.S. District Court for the Northern District of Illinois ruled that the plaintiff seeks to impose a duty that is beyond what is require by the Food, Drug and Cosmetic Act and the Nutrition Labeling and Education Act of 1990.

As a Muslim, Syeda F. Lateef is prohibited …