Consumer Claims Pared In Redline Advertising Action

Law360, New York (February 19, 2010, 1:13 PM EST) -- A federal judge has trimmed a putative consumer class action accusing Vital Pharmaceuticals Inc. of falsely marketing its Redline-brand energy drinks, tossing two misrepresentation claims pertaining to the manufacturers' promotion of the products as “a safe and healthy supplement.”

Judge Thomas J. Whelan of the U.S. District Court for the Southern District of California on Wednesday dismissed without prejudice the plaintiff's claims that Vital Pharmaceuticals violated state law by deceptively representing its drink as having “approved and unique druglike qualities” while upholding the three remaining accusations...
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