Facts

Plaintiff James Kroessler filed a class action against CVS Health Corp. in relation to defendant's glucosamine joint health products.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant marketed, sold, and distributed a line of CVS Health Glucosamine Products. Plaintiff alleged that defendant represented through its products labeling, packaging and other advertising, that the products provide joint health to assist with joint pain, flexibility and mobility. Plaintiff contended that these statements were designed to induce consumers to believe that defendant's products provided meaningful joint health benefits. However, plaintiff argued, the products did not support or benefit the health of human joints because glucosamine, the primary ingredient, is not effective at supporting or benefiting joint health.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's claims were preempted by the federal law and that he lacked standing to pursue any injunctive relief. Additionally, defendant alleged that plaintiff only purchased one of the six products identified in his suit and couldn't bring any claims regarding the products he did not use.

Result

The court found for the defendant and dismissed the case with prejudice.