Facts

Vital Pharmaceuticals Inc. produced and distributed nutritional supplements and performance beverages. One of its products was a high protein meal replacement bar, part of its "Zero Impact" line of sports nutrition products. General Nutritional Centers Inc. (GNC) was a retailer who sold these bars.

Gabe Watkins filed suit against Vital and GNC, claiming that these bars were advertised falsely.

PLAINTIFF'S CONTENTIONS:
Watkins argued that although Vital marketed the bars as "zero impact," the bars had an impact on consumers' carbohydrate, sugar, and overall caloric intake. As a result, the marketing was misleading. The nutritional information contained on the bars was also placed in a way that made it difficult to see and read. He asserted that the bars violated the Unfair Competition Law and the Consumer Legal Remedies Act.

DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss the case, arguing that court should defer the matter to the Food and Drug Administration based on its primary jurisdiction.

Result

The court granted defendant's motion to dismiss. The court also dismissed without prejudice plaintiff's amended class action complaint.