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...
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Case Information

Case Title

Douglas Jablon v. Windmill Health Products LLC et al

Case Number



California Central

Nature of Suit

Contract Product Liability


John F. Walter

Date Filed

March 11, 2013

Law Firms


Government Agencies

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