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 Title

Douglas Jablon v. Windmill Health Products LLC et al


Case Number

2:13-cv-01712

Court

California Central

Nature of Suit

Contract Product Liability

Judge

John F. Walter

Date Filed

March 11, 2013

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