Rexall Sundown Inc. faces a consumer’s revived claims that it deceptively marketed a glucosamine supplement, after the Ninth Circuit Tuesday said a district court prematurely dismissed the suit as preempted by federal labeling law.
Sandra Seegert challenged Rexall’s representations that Osteo Bi-Flex supports joint health, improves “range of motion,” and “helps strengthen joints while helping to maintain joint cartilage essential for comfortable joint movement.”
Studies show the products can’t provide the represented benefits, she alleged in a proposed class action.
Federal labeling law distinguishes between manufacturers’ representations about how their products affect the structure or a function of the body ...
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