United States Ninth Circuit
Durnford v. MusclePharm Corp., 16-15374
Reinstated a consumer's proposed class action lawsuit against a manufacturer of nutritional supplements. Held that the federal Food, Drug, and Cosmetic Act did not preempt the consumer's California law claims that the company made false or misleading statements about the source of the protein in one of its muscle-building products. Reversed dismissal and remanded for further proceedings.
- Published 2018/10/12
- United States Ninth Circuit