August 2013

Pharmavite Defeats Certification, Wins Dismissal in Consumer Fraud Litigation

United States - California

Dietary supplement manufacturer Pharmavite defended two consumer fraud class actions pending in the Central District of California and involving claims of deceptive advertising and labeling. Faegre Baker Daniels successfully defeated class certification in one of the actions by establishing that the named plaintiff was an inadequate class representative due to significant questions as to her credibility and standing; a class certification motion remains pending in the other case. Earlier in 2013, FaegreBD defeated two other putative class actions against this same dietary supplement manufacturer, one in federal court in Illinois and another in state court in San Jose, California. Both cases, which targeted the company’s labeling of ingredients on its dietary supplements, were dismissed.

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