Wal-Mart False Advertising Suit Over Supplement Survives on Some Claims

A would-be false advertising class action against Wal-Mart Inc. over its Equate Co Q-10 supplement may proceed on some claims, the U.S. District Court for the Southern District of California ruled (Cortina v. Wal-Mart Inc., 2015 BL 14266, S.D. Cal., 13-cv-2054).

Judge Cynthia Bashant denied Wal-Mart’s motion to dismiss, in part.

The court ruled that plaintiff Thamar Cortina’s allegations, including that Wal-Mart’s Equate coenzyme Q10-based supplement allegedly often fails to “rupture” or “time rupture” as it should, offering little efficacy to consumers, set verifiable benchmarks sufficient to state her warranty claim under the federal Magnuson-Moss Warranty Act. ...