Bulk of Claims Against Costco Fail; Supplement Buyer May Amend Fraud Claim

An Illinois man failed to state a claim challenging the marketing of two dietary supplements sold by Costco Wholesale Corp., a federal district court in Illinois held Jan. 16, dismissing his putative nationwide consumer class action (Padilla v. Costco Wholesale Corp., N.D. Ill., No. 11-C-7686).

Plaintiff Ray Padilla argued the labeling on Costco’s Kirkland Glucosamine with MSM and Glucosamine/Chondroitin Sulfate supplements was misleading, but alleged insufficient facts to survive dismissal, the U.S. District Court for the Northern District of Illinois said.

Although Padilla cited to clinical studies showing the dietary supplements were ineffective for the treatment of osteoarthritis, ...