Nutricost Gets Fraud Claims Trimmed in Magnesium Deception Suit

Supplement maker Nutricost convinced a federal judge to dismiss fraudulent concealment claims in a proposed class action alleging the company misled consumers about how much magnesium was actually in its supplement.

Lead plaintiff Dalit Cohen failed to plead facts that would allow an inference of fraudulent intent, the US District Court for the Eastern District of New York said Tuesday.

Cohen alleged Nutricost deceptively advertised its supplement as having 420 mg of magnesium per serving. Because the magnesium comes from magnesium glycinate, its concentration is too low to have that much magnesium given the capsule size, she said.

But Cohen ...