9th Circ. Upholds Dismissal Of Melatonin Brownie Claims

Law360, New York (November 19, 2013, 3:41 PM EST) -- The Ninth Circuit on Monday affirmed a lower court’s dismissal of claims in a proposed class action that accused Tennessee-based HBB LLC of fraudulently concealing the allegedly harmful effects of its melatonin-laced Lazy Cakes brownies it promoted as a sleep aid, but remanded the suit and allowed the plaintiff to amend those claims.

A three-judge panel affirmed a California federal court’s November 2011 dismissal of the suit by Lee Cheramie, finding that Cheramie has not sufficiently backed his deception claims and noting that Cheramie’s own complaint...
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