Primary Jurisdiction Doctrine Bars Supplement Lawsuit, Ga. Appellate Court Affirms

ATLANTA — A Georgia appellate court has affirmed 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.

In a June 24 opinion, the Georgia Court of Appeals explained 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 decide.

Shawn Smith sued Hi-Tech Pharmaceuticals Inc. in the Gwinnett County (Ga.) …