Product Liability & Toxics Law News

Cobra Sexual Energy Supplement Class Rises Again

Sept. 15, 2017, 8:56 PM

A customer will get another shot at class status in his suit challenging the labeling on Cobra Sexual Energy dietary supplements after a federal appeals court found certification was improperly revoked (Lambert v. Nutraceutical Corp., 9th Cir., 15-56423, 9/15/17).

The lower court shouldn’t have decertified the class because the plaintiff presented a workable, if imperfect, method for calculating classwide damages, Judge Richard A. Paez wrote for the U.S. Court of Appeals for the Ninth Circuit.

Troy Lambert alleged that Nutraceutical Corp. violated California law by making claims on the labels of its supplements that weren’t evaluated by the...

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