Old opinion on labeling holds firm

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 8, 2020 9:35 AM

Three years ago, U.S. District Judge Manish S. Shah ruled that several of the state law consumer fraud claims that Ryan Porter and Haarin Kwon filed against NBTY Inc. and three of its subsidiaries — based on a protein supplement’s allegedly misleading labels — were not pre-empted by federal law, but the defendants asked him to reconsider based on new decisions from the 9th and 11th U.S. Circuit Courts of Appeal.The front label on the supplement — “Body Fortress Super Advanced Whey Protein” — said “60g Premium Protein.” And …

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