Joseph Rotenberg v. Brain Research Labs LLC, 20/20 Brain Power Partners LLC, Charles Conaway, Richard Cote, Lorac Holdings LLC, Sabre Capital Management LLC, Sabre Capital Partners LP, Shrik Mehta, 20/20 Brain Power Founders LLC, Joshua Reynolds, John Arnold, MedHealth Direct Inc, Arnold Bresky, Cynthia Watson, Gerry Mathews, Cheryl Sindell, Con St
Published: Nov. 17, 2012 | Result Date: May 21, 2012 | Filing Date: Jan. 1, 1900 |Case number: 30-2010-00401652-CU-BT-CXC Bench Decision – Dismissal
Court
Orange Superior
Attorneys
Plaintiff
Thomas H. Clarke
(Ropers Majeski Kohn & Bentley)
Defendant
Benjamin G. Shatz
(Manatt, Phelps & Phillips LLP)
Robert H. Platt
(Manatt, Phelps & Phillips LLP)
Facts
Plaintiffs filed a class action complaint, alleging that the drug Procera was falsely advertised as a "dietary supplement" and that defendant Brain Research Labs failed to warn that the product contained unsafe ingredients.
Result
The class action complaint was dismissed based on the doctrines of equitable abstention and primary jurisdiction. The Court found that the dietary supplement regulatory issues should be resolved by the FDA and/or the California Department of Public Health.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390