Hydroxycut Marketing Action, Injury Suits Stay Alive

Law360, New York (August 29, 2011, 8:33 PM EDT) -- A California federal judge has rejected Kerr Investment Holding Corp.'s bid to toss a proposed consolidated false marketing class action and tagalong personal injury suits over dietary supplement Hydroxycut for lack of personal jurisdiction, according to an order released Monday.

The plaintiffs have sufficiently shown at this point in the litigation that the contacts of Kerr subsidiary Iovate Health Sciences USA Inc. could be imputed to Kerr under the theories of alter ego and agency, U.S. District Judge Barry Ted Moskowitz ruled July 12, though a...
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