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ROCKVILLE, M.D. - On behalf of Durk Pearson, Sandy Shaw, and Life Enhancement Products, Inc., Emord & Associates, P.C. filed on October 31, 2008 a comment with FDA opposing the GlaxoSmithKline Citizen Petition for FDA to treat weight loss claims for dietary supplements as disease claims.

GlaxoSmithKline's petition would have FDA categorically ban claims that supplements can assist in weight loss or dieting, producing an anti-competitive effect, favoring GlaxoSmithKline's over-the-counter weight loss drug Alli. The commenters challenged the legality of that proposed action under the First Amendment and the Administrative Procedure Act, and noted GlaxoSmithKline's conflict of interest. The comment included over fifty-five articles from peer-reviewed publications in support of weight loss effects of specific dietary ingredients found in weight loss dietary supplements.