Facts

Julian Engel sued Novex Biotech LLC and GNC Corp., related to the over-the-counter supplement, "Growth Factor-9."

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he purchased the product, which was manufactured by defendants in reliance to defendants' claims that it was an over-the-counter amino acid supplement that can increase human growth hormone, or HGH, levels by 682 percent. Plaintiff claimed that such representations were false, misleading, and/or deceptive.

Plaintiff asserted claims for violation of California's Unfair Competition Law and California's Consumer Legal Remedies Act.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the complaint, arguing that plaintiff failed to demonstrate that its claims were false. Alternatively, defendants argued that plaintiff's claims must be dismissed because the law provided no private right of action for his allegation of a purported lack of scientific substantiation claim.

Result

The court granted defendants' motion to dismiss because Engel failed to state a claim for relief.

Other Information

FILING DATE: July 30, 2014.