May 21, 2018 / 8:55 PM / in 7 months

9th Circuit revives vitamin E labeling class action

A federal appeals court has reinstated a proposed class action over Pharmavite’s vitamin E supplements, finding a lower court wrongly dismissed a California man’s claims that the product had been falsely labeled as promoting cardiovascular health.

In a unanimous decision, the three-judge panel of the 9th U.S. Circuit Court of Appeals said Noah Bradach had standing to pursue his claims under California law, as certain statements on dietary supplement labels were not preempted by the U.S. Food, Drug and Cosmetic Act (FDCA).

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