Money spent on a dietary supplement that the U.S. Food and Drug Administration considers “adulterated” is an economic injury that provides standing to sue even if the product otherwise lives up to expectations, a federal appeals court held Thursday in a case of first impression nationwide.
The 11th U.S. Circuit Court of Appeals vacated the dismissal of a potential class action against manufacturer IQ Formulations LLC and distributor Europa Sports Products Inc by purchasers who claim that two supplements, Metabolic Nutrition Synedrex and Metabolic Nutrition E.S.P., cannot legally be sold because they contain the synthetic stimulant DMBA. (The companies deny that allegation.)
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