Westlaw News

Labeling suit over Costco's VitaRain drink goes down the drain at 9th Circuit

A federal appeals court has put an end to a proposed class action alleging that certain “VitaRain” beverages sold by Costco Wholesale Corp dupe customers into thinking that they are healthy, nutritious and contain solely vitamins and natural water.

On Monday, a unanimous 9th U.S. Circuit Court of Appeals largely affirmed a lower court ruling that dismissed Harold Maple’s lawsuit against Costco and the company that made VitaRain, Niagara Bottling Co, with one exception. The court ordered that on remand, the case should be dismissed with prejudice, and not without, as originally ordered.

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