Explain why your answer in question 3 might change if Sue labeled Acuxen for use in insomnia? Assuming this is a health or disease claim, would it matter whether the claim was made on the label or in pamphlets attached to the product?

Question 3

Based on the facts in this case, is Acuxen most likely a food, drug, or dietary supplement, or all three and why? Must consider both the composition of Acuxen and the indication. How does the Nutrilab case play into your analysis?