United States Fourth Circuit

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In re: GNC Corp., 14-1724

In a false advertising action brought by consumers who purchased joint health supplements containing glucosamine and chondroitin produced and sold by defendants, alleging violations of the consumer protection laws of various states by marketing these supplements as promoting joint health, even though many scientific studies have shown that glucosamine and chondroitin are no more effective than a placebo in treating the symptoms of osteoarthritis, the district court's grant of defendants' motion to dismiss for failure to state a claim is affirmed because marketing statements that accurately describe the findings of duly qualified and reasonable scientific experts are not literally false.

Appellate Information

  • Decided 06/19/2015
  • Published 06/19/2015

Judges

  • Floyd

Court

  • United States Fourth Circuit

Counsel