Facts

Floyd Luman and other consumers sued Joe Theismann and NAC Marketing CO., based on their product Super Beta Prostate.

PLAINTIFF'S CONTENTIONS:
Plaintiffs were purchasers of Super Beta Prostate, a product made by NAC that was marketed as a treatment for the symptoms of benign prostate hyperplasia, a non-cancerous enlargement of the prostate gland. Theisman, a former player for the NFL, endorsed Super Beta Prostate, and would often appear on various television and radio advertisements for the product.

Plaintiffs sued Theismann and NAC, arguing that Super Beta Prostate did not treat the symptoms of benign prostate hyperplasia as they advertised. Plaintiffs asserted causes of action for breach of warranties and false advertising. Plaintiffs also argued that the product was unsafe, based on the results of three separate studies on the matter.

DEFENDANT'S CONTENTIONS:
NAC moved to dismiss, arguing plaintiffs lacked standing to pursue their claims, and that the court lacked subject matter jurisdiction over the dispute.

Result

The court agreed with defendants and granted their motion to dismiss.

Other Information

FILING DATE: April 4, 2013.