Claims Against GNC Restored Over Herbal Testosterone Booster

Would-be class plaintiffs may pursue false ad claims against GNC, Gencor Nutrients and others over herbal testosterone boosters, the Ninth Circuit said June 28 (Bitton v. Gencor Nutrientes, Inc., 9th Cir., 14-56381, unpublished 6/28/18).

The plaintiffs’ allegations, challenging statements about clinical trial results, adequately allege claims under the California and New York consumer protection laws, the Ninth Circuit said in an unpublished opinion.

Gencor Nutrients, Inc. manufactures Testofen, an extract of the herb fenugreek. GNC Corp. manufactures and sells supplements containing Testofen.

Gencor claimed that a double-blind, randomized, placebo-controlled study established “statistically significant results” that showed increases ...