Facts

Steven Hodges filed a putative class action against Vitamin Shoppe Inc.

Vitamin Shoppe manufactures and sells products for bodybuilding and fitness training.

PLAINTIFF'S CONTENTIONS:
Hodges contended that Vitamin Shoppe made untrue statements regarding "True Athlete Training Formula," a dietary supplement. As a result, he and other similarly situated, paid more for a product that was worth substantially less. Hodges asserted causes of action for violation of the New Jersey Consumer Fraud Act, breach of express and implied warranties and unjust enrichment.

Result

The court denied defendant's motion to dismiss for lack of standing but granted the motion to dismiss for failure to state a claim. The court agreed that the complaint did not identify any misrepresentations and relied upon a lack of prior substantiation theory, therefore it dismissed the complaint in its entirety, but allowed Hodges leave to amend.