Iovate Defeats Pre-Workout Supplement Packaging Deception Suit

Iovate Health Sciences USA Inc. convinced a federal judge to dismiss for now a consumer class suit alleging its 32-ounce pre-workout supplement containers were deceptively labeled because they included slack fill.

Lead plaintiff Emiley Schoonover sought equitable and injunctive relief—including disgorgement and a court order against the alleged wrongdoing—while reserving the right to later request damages. But because “damages were available” as an adequate legal remedy, the court lacked equitable jurisdiction over her case, Judge Fernando L. Aenlle-Rocha of the US District Court for the Central District of California said Monday. He dismissed the suit, but gave Schoonover until May ...