Robert Nicholas analyzed the Seventh Circuit's decision in U.S. v. Farinella in a May 8 Washington Legal Foundation Legal Opinion Letter. The decision held that the Food & Drug Administration cannot merely rely on its own assertion and opinion when claiming that food or drug labeling is misleading and in violation of the law. Mr. Nicholas concluded that "one can make a compelling argument based on Farinella that . . . both the [Food & Drug] Act and the Constitution demand more than an assertion by the FDA about what something means . . . without any authoritative support whatsoever."