Amendment does not permit FDA to reject health claims that the agency determines to be potentially misleading
unless the agency also reasonably determines that a disclaimer would not eliminate the potential deception. The
appeals court also held that the Administrative Procedure Act (APA) required the FDA to clarify the "significant
scientific agreement" (SSA) standard for authorizing health claims.
(^25)
http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/FoodLabelingNutritio
n/ucm073332.htm
(^26) Id.
(^27) Position Statement 17, Promotion of Mental Wellness, http://www.nmha.org/go/position-statements/17 and
Position Statement 11, In Support of Recovery-based Systems Transformation, http://www.nmha.org/go/position-
statements/11