Vitamin Shoppe Defeats Appeal in Workout Supplement Label Suit

Vitamin Shoppe held onto a win in a proposed class suit over glutamine workout supplements, as federal appeals court affirmed that consumers’ deception claims are preempted.

The product labels complied with federal law governing dietary supplements, the court said.

Richard Ferrari and William Bohr bought three products in the hope that the glutamine would—as the labels said—help their muscles grow and recover after intense exercise. When they didn’t see results, they sued Vitamin Shoppe Industries LLC, challenging various representations.

The contested statements are permitted “structure” or “function” claims under the federal Food, Drug, and Cosmetic Act, as amended by ...