United States First Circuit

In a suit alleges that CVS's Vitamin E dietary supplement with a label that touts the product as supporting 'heart health' label deceives consumers because no scientifically valid studies show that the label's 'heart health' statements are both truthful and not misleading, the District Court's order dismissing the complaint is reversed where federal law does not preempt plaintiff's effort to maintain this action under New York's consumer protection law.

Appellate Information

• Published 2016/09/06

Judges

• KAYATTA

Court

• United States First Circuit

Counsel