Facts

Serena Kwan filed a class action against SanMedica International LLC and Sierra Research Group LLC.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants manufactured, sold, or otherwise made available, SeroVital, an over-the-counter supplement that was marketed to boost human growth hormone, or HGH. Plaintiff alleged that defendants marketed and labeled the product, claiming that it provided a 682 percent increase in HGH levels. Defendants also claimed that the product was clinically tested, and that "peak growth hormone levels" were associated with "youthful skin integrity, lean musculature, elevated energy production, and adipose tissue distribution." Plaintiff alleged that she bought the product based on defendants' representations, and later sued defendants, alleging defendants' claims were unsubstantiated. Plaintiff asserted causes of action for violation of California's Unfair Competition Law and violation of California's Consumer Legal Remedies Act.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss plaintiff's complaint because plaintiff failed to demonstrate that its claims regarding the product were false, and plaintiff failed to state a claim for which relief may be granted. Defendant also argued that plaintiff's claims were based entirely upon substantiation allegations, which there existed no private right of action.

Result

The court agreed to dismiss Kwan's complaint, but with leave to amend.

Other Information

FILING DATE: July 21, 2014.