Supplement Marketing Suit Barred by Federal Law, Panel Rules

A proposed class action challenging a dietary supplement’s commercialization can’t survive dismissal since federal law only allows for such claims to be brought by the US government, a federal appeals court said Thursday.

Vincenzza Bubak’s state law claim against Golo LLC is rooted in the Federal Food, Drug, and Cosmetic Act, which preempts private enforcement of food and drug regulations through state law claims, said the US Court of Appeals for the Ninth Circuit in an unpublished memorandum. The appellate court affirmed a district court’s dismissal of the lawsuit.

Bubak alleged Golo violated California state law by improperly marketing ...