Dachauer v. NBTY, Inc.
United States Court of Appeals for the Ninth Circuit
913 F.3d 844 (2019)
- Written by Abby Roughton, JD
Facts
Nature’s Bounty, Inc. and NBTY, Inc. (collectively, NBTY) (defendants) made vitamin E supplements. The supplements’ product label claimed that the supplements supported cardiovascular health and promoted immune function, immune health, heart health, and circulatory health. Paul Dachauer (plaintiff) sued NBTY for violations of California’s unfair-competition law and the California Consumers Legal Remedies Act. The California statutes prohibited false, deceptive, and confusing advertising. Dachauer asserted that NBTY’s statements on the label were false because the supplements did not actually prevent cardiovascular disease and either failed to reduce the risk of all-cause mortality or increased the risk of all-cause mortality. However, Dachauer presented no evidence suggesting that the supplements increased the all-cause-mortality risk. NBTY moved for summary judgment, arguing that Dachauer’s claims were preempted by the federal Food, Drug, and Cosmetic Act (FDCA) because Dachauer was attempting to impose labeling requirements under California law that differed from federal labeling requirements. The district court granted summary judgment for NBTY, and Dachauer appealed.
Rule of Law
Issue
Holding and Reasoning (Graber, J.)
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