Claims Trimmed In Vitamin Shoppe Supplement Defect Suit

Law360 (January 27, 2020, 6:26 PM EST) -- An Illinois federal judge on Monday trimmed three counts from a suit alleging that The Vitamin Shoppe sold vitamin supplements with dangerous levels of lead and other heavy metals, finding that the complaint doesn’t show where the company allegedly misrepresented the vitamins’ content.

U.S. District Judge John Robert Blakey nixed counts for breach of express warranty, negligent misrepresentation and violation of Illinois consumer protection law, but left counts for strict liability, negligence, and breach of implied warranty on the table in Harvey Mahler’s suit, and said Mahler could amend the complaint to allege more specifics that could allow the dismissed counts...

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