Michael Weber v. Food and Drug Administration (FDA) (Gluten)

Topic(s): 
Foods, Drugs, Medical Devices, and Dietary Supplements
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Case Description: 

In 2008, Michael Weber submitted a citizen petition to the Food and Drug Administration requesting that the FDA ban the use of wheat gluten in both prescription and over-the-counter drugs or, in the alternative, that the FDA require that drugs containing gluten be labeled to disclose that fact. In March 2015, the FDA had yet to grant or deny the petition. Representing Mr. Weber, Public Citizen sued the FDA for its unreasonable delay in responding to his petition, seeking an order directing the FDA to act on the petition. In response to the lawsuit, the FDA responded to Mr. Weber’s petition, granting the petition in part and denying it in part. We then dismissed the lawsuit.