Pharmavite ‘Heart Healthy’ False Label Claims Still Beating

Vitamin maker Pharmavite LLC failed to shake off a class action false advertising claim over a supplement labeled as heart healthy.

The trial court erred when it found the claims preempted by federal law, the U.S. Court of Appeals for the Ninth Circuit said in an unpublished May 17 opinion.

The plaintiffs’ state law claims may go forward because Noah Bradach had mixed motives in bringing the suit, including one not preempted by federal law, the appeals court said.

Bradach, believed the Nature Made Vitamin E supplement would both maintain his heart health and prevent disease.

Though the disease claims ...