GNC Says False Ad Suit Over Stimulant Usurps FDA Powers

Law360, New York (April 30, 2012, 3:43 PM ET) -- General Nutrition Centers Inc. on Thursday tried to muscle its way out of litigation over controversial workout-boosting supplement DMAA, telling a judge that a proposed false advertising class action raises safety issues best settled by the U.S. Food and Drug Administration.

The lawsuit targets GNC for its sales of C4 Extreme, which formerly contained dimethylamylamine and which manufacturer Cellucor — also a defendant — calls “the most explosive preworkout intensifier.”

Controversy has swirled around the ingredient in recent months, with the U.S. Army last year ordering...
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