Facts

Plaintiff Tatiana Korolshteyn filed a putative class action on behalf of all California consumers of a Trunature Ginkgo Biloba supplement manufactured by defendant NBTY Inc., and sold by defendant Costco Wholesale Corp.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed defendant's product was falsely advertised because the label promised benefits it did not provide. Plaintiff sought a complete refund of all purchases over the six year class period.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations. Defendants filed a motion for summary judgment.

Result

In an order granting defendants' motion for summary judgment, the court ruled that plaintiff had failed to show "falsity" in light of the evidence submitted by defendants as the efficacy of ginkgo. Judgment was entered on behalf of defendants.