GWB Defeats Certification Of Class Action In SC Multi-Vitamin Litigation
GWB attorneys defended a healthcare company in a class action case seeking damages alleging false and misleading marketing of the company’s multi-vitamins. The plaintiff alleged violations of RICO, unfair trade practices, violation of consumer-protection statutes, false advertising, fraud, and negligent misrepresentation.
The plaintiff alleged that the company’s claims that its vitamins promoted prostate health were false. GWB’s client had advertised that its vitamins provided prostate health benefits because the vitamins contained the nutrient lycopene and the mineral selenium. The company had previously been forced to remove these references in its labeling and packaging by the FDA.
GWB successfully had the RICO and consumer-protection counts of the complaint dismissed, then defeated the plaintiff’s motion for class certification in South Carolina, which was significant because similar classes had previously been certified against this company in other states.
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