Jasper v. MusclePharm Corp.

2015 WL 2375945 (2015)

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Jasper v. MusclePharm Corp.

United States District Court for the District of Colorado
2015 WL 2375945 (2015)

  • Written by Rose VanHofwegen, JD
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Facts

Ramona Jasper (plaintiff) bought FitMiss Fat-Burning dietary supplements made by MusclePharm Corp. (defendant). The label claimed that the product caused fat-burning and rapid weight loss with visible changes within two weeks, but Jasper did not experience those effects. Jasper sued asserting that the false labelling misled consumers and included a claim under the Magnuson-Moss Warranty Act (MMWA). MusclePharm moved to dismiss that claim on the ground that the MMWA does not apply to products already regulated by the Food, Drug, & Cosmetic Act (FDCA). Jasper argued that the MMWA still applied to some of the FitMiss labelling but failed to identify which portions did not fall under FDCA regulation. The magistrate judge assigned to the case recommended dismissing the MMWA claim, and neither party objected. The district court reviewed the magistrate’s recommendation and issued its opinion.

Rule of Law

Issue

Holding and Reasoning (Arguello, J.)

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