A federal appeals court panel has given a do-over to a Norcross company hit with a $40 million contempt order over its marketing of dietary supplements.

The decision vacated a ruling from a year ago, when Senior U.S. District Judge Charles Pannell Jr. issued the sanction against Hi-Tech Pharmaceuticals and two top executives after concluding that the company’s marketing of four weight-loss supplements had violated a prior injunction. On Tuesday, a panel of the U.S. Court of Appeals for the Eleventh Circuit said the Hi-Tech defendants should get a new chance to back up their marketing claims with evidence that Pannell had rejected on the theory that he already had decided such evidence wasn’t sufficient.

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