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Administrative Law

Journal

2005

Mercer University School of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn Dec 2005

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

Agency decision makers continue to shape just about every facet of l.fe as we know it. This Article discusses the peculiar procedures for obtaining final agency decisions and the review of those decisions. The survey period for this Article is from June 1, 2004 through May 31, 2005. Only cases from the Georgia Supreme Court and Georgia Court of Appeals have been reviewed, and there has been no attempt to usurp the prerogative of other authors for this issue. Thus, although the subject matters may overlap, such areas as local government law, workers' compensation law, insurance law, and others are …


The Impact And Limits Of The Constitutional Deregulation Of Health Claims On Foods And Supplements: From Dementia To Nuts To Chocolate To Saw Palmetto, Margaret Gilhooley Mar 2005

The Impact And Limits Of The Constitutional Deregulation Of Health Claims On Foods And Supplements: From Dementia To Nuts To Chocolate To Saw Palmetto, Margaret Gilhooley

Mercer Law Review

The Food and Drug Administration ("FDA") recently issued an enforcement policy identifying the types of health claims in the disclaimers that are constitutionally permitted on foods and dietary supplements. In 1990 Congress required that before a company could make a health claim on a food product, the FDA must approve the claim as based on significant scientific agreement. While the 1990 law gave the FDA discretion to establish a lesser standard for nutritional supplements than for food products, the FDA chose to apply the same standard. Thus, claims on nutritional supplements had to be supported by significant scientific agreement. Supplement …