’” Alliance for Natural Health US, 2010 WL 2110071 at *9 (quoting In re R.M.J., 455 U.S. 191, 203 (1982)).Or:“‘The First Amendment does not allow the FDA to simply assert that [a plaintiff’s c]laim is misleading in order to supplant its burden to demonstrate that the harms it recites are real and that its restriction will in fact alleviate them to a material degree. [read post]

It evaluated the provision under an "intermediate scrutiny" standard for commercial speech as applied to professional service advertising as in In re R.M.J., 455 U.S. 191 (1982). [read post]