Ninth Circuit Revives Claims over Vitamin E “Healthy Heart” Label

Ninth Circuit Revives Claims over Vitamin E “Healthy Heart” Label

The U.S. Court of Appeals for the Ninth Circuit reversed dismissal of a putative class action alleging that the statement "Helps Maintain a Healthy Heart" on labels of Pharmavite, LLC's "Nature Made" Vitamin E dietary supplements was false and misleading.  The appeals court held that federal law did not preempt the plaintiff's claims under California law because plaintiff claimed to understand from the labeling both that the Vitamin E would prevent heart disease (a "disease claim" preempted by federal law) and would maintain his heart health (a non-preempted "structure/function claim").  The court also held that the district court erred is denying class certification and in awarding the cost of a consumer survey to Pharmavite.  [5/19/18]

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