Capsule Seller Can't Duck Suit Over Testosterone Claims

Law360, Chicago (May 24, 2013, 2:24 PM EDT) -- A California federal judge on Thursday rejected Windmill Health Products LLC's bid to dismiss a putative class action accusing it of falsely advertising that its Iso-Test capsules boost testosterone, finding the company failed to show the suit was preempted by the Food, Drug and Cosmetic Act.

U.S. District Judge John F. Walter wrote in a brief two-page order that Windmill had also failed to show that the court should invoke the primary jurisdiction doctrine, and concluded that plaintiff Douglas Jablon, who alleges he would not have...
To view the full article, register now.