Kathleen Sonner, on behalf of herself and all others similarly situated v. Schwabe North America Inc., Nature's Way Products LLC
Published: Apr. 1, 2017 | Result Date: Feb. 3, 2017 | Filing Date: Jan. 1, 1900 |Case number: 5:15-cv-01358-VAP Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Todd D. Carpenter
(Lynch Carpenter LLP)
Timothy G. Blood
(Blood, Hurst & O'Reardon LLP)
Thomas J. O'Reardon II
(Blood, Hurst & O'Reardon LLP)
Defendant
Kevin W. Alexander
(Gordon & Rees LLP)
Michael P. Bryant
(Gordon & Rees LLP)
Rachael A. Rezabek
(Kirkland & Ellis LLP)
Thomas R. Watson
(Gordon & Rees LLP)
Amy P. Lally
(Sidley Austin LLP)
Facts
Plaintiff brought a class action against Schwabe North America Inc. and Nature's Way Products LLC relating to its Ginkgold supplement products.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants falsely advertised that its Ginkgold products provided actual, meaningful and significant health benefits relating to memory, concentration, mental sharpness, and overall brain health. She asserted causes of action violation of the Unfair Competition Law, violation of the Consumers Legal Remedies Act, and breach of express warranty.
DEFENDANTS' CONTENTIONS:
Defendants contended in a motion for summary judgment that no reasonable juror could conclude that there was no scientific evidence to support defendants' advertising claims regarding Ginkgold.
Result
The court granted defendant's motion and dismissed the case with prejudice.
Other Information
FILING DATE: Jul 07, 2015.
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