thank you you're on a good morning elaine ryan the issue in this case is if the hair and skin benefit representations on defendants by intent product labels can be reasonably construed to apply to the supplements themselves in addition to bought into nutrient when you consume it in foods if that is the case our claim to a lot of claims that the labels are false and misleading because the supplements provide no benefit preventive and the answer is no wrestler teaching that preemption a false advertising claims only apply if plaint label the front of the label that which faces the consumer that's which every purchaser necessarily has to see before they buy this product it says three things on that label biochem right at the tough right underneath that is the dose and i think to the product you're buying either one thousand micrograms five thousand micrograms or ten thousand micrograms and then right underneath that is the benefit guess do you agree that the defense that the defense claims that by which is the actual nutrients supports healthy hair is in meets the three requirements of the structure function claims under the f t c yes we agree they asked it is a structure function claims but because there is nothing on this label that indicates that the benefit statement applies only to bias in what you consume and food if you don't consume this in food and you're taking it on the label and it doesn't it's rebirth to the they ingredient you look at the label and you see what claim is being made on the label and you look at every reasonable interpretation of that label and then well i think you would have to go back to the regulation itself where it defines what a structure function claim is and then you have to read that in conjunction with a regulation that prohibits false and misleading  on the length and you can you look at the label as a whole you look at each reasonable interpretation of that label and when you look at the front of that label it leads to the reasonable interpretation by consumers that you're going to get a hair and skin benefit from the product if you buy this product and the f d a regulation is a very clear that a label can be also misleading in any particular and the f d a and the f t c both have put out guidance to be industry that stands when she determined a label is false or misleading in any particular you look at that label as a whole you not only need term internet impression conveyed by that label that you determine each reasonable interpretation about labels and here the reasonable interpretation of that front label is that i think the supplement provides the benefit and that is what plane or soft that is why people are paying money for people don't pay five dollars or more because they think i'm buying a supplement that does nothing for me but i'm ok the  structure of proper structure function clean considered in isolation and if on the front of that label they had something like they had here where it with you know the product and then the dosage and then underneath that they'd make a benefit sta well then you have to determine is that misleading or not at all with vitamin c that's a very different product of this product right in here here the record evidence is nobody absolutely nobody other than people that less than one percent of the population who can be identified who are born in genetic deficiency disease will derive any benefit from by and those people are identifiable because they test for that st and it's less than one percent of the population don't ok that's very different from a situation in which it's not helping anybody on our position is not that different as have to for every vitamin supplement out there in the charmin what separate percentage of the population benefits or not but when you have a product that the only people who can benefit are less than one percent of the population that you can identify the f t p we know i'm not an example five of their more general information about a product like it's and reveals it on the front me expect to see products pacific information and defense you know that and on the front of this label running under the dosage of the product they make the representation well yes but you have to look at the whole label and that wasn't the case that you look at the whole label and that includes the front panel an argument that is yes it was the front panel that is  cannot ask you oh mr or mr green as expert doctor will testify that cubans need i guess only about thirty microgram ground thank you mr wrenn you have a minute and here on our own i just want to talk about the ramifications of the judge's ruling if it's a law just began and that is basically that manufacture have a license to make all sorts of misleading representations about their specific products as long as somewhere on that label they put a true statement about the ingredient and its nutrient form when eat it and  that's what the ramification of that it is and it is particularly terrible and and the context the federal asked why is that because the f d a does not approve structure function  transfer over to supplement so those are two things and if allowed to stand it just turns that on to defendants are basically arguing that you look at the structure function