A federal appeals panel upheld a lower court’s ruling that millions of dollars’ worth of dietary supplements seized by the Food and Drug Administration from embattled Hi-Tech Pharmaceuticals was properly subject to forfeiture under federal law.

But the 2-1 opinion sets up a further challenge from the Norcross-based supplement company and its CEO, Jared Wheat, who has been battling the FDA for years and faces separate criminal charges related to his marketing of other products.