Supplement Mislabeling Class Action Revived by 9th Circuit

A proposed class action alleging workout supplement company ProSupps USA LLC mislabeled a supplement as containing zero calories and carbohydrates was revived by the Ninth Circuit, which ruled that the suit wasn’t preempted by federal law.

A three-judge panel said a trial court improperly dismissed the suit from a consumer who alleged the company violated California state law because the Hydro BCAA amino acid supplement contained several times more calories and carbohydrates than advertised based on his Food and Drug Administration-approved test of a single sample of the product.

The single sample, although not in compliance with FDA regulations calling ...