Olly Public Benefit Corp. convinced a federal judge to cut misrepresentation and warranty claims from a proposed class action alleging the supplement company deceptively advertised the dosage for nine different products, but couldn’t escape other consumer protection claims..
Dosage representations that can be clarified by referring to a product’s back panel don’t amount to an express misstatement required for a fraud claim, the US District Court for the Central District of California ruled Tuesday, dismissing the intentional and negligent misrepresentation claims.
Plaintiff Sheri Tarvin alleged Olly doesn’t expressly state the serving size or the dosage per serving on the front ...
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