Wal-Mart Can’t Duck False Ad Suit Over Heart Supplement

Law360, New York (January 22, 2015, 3:08 PM EST) -- A California federal judge has kept intact most of a proposed class action accusing Wal-Mart Stores Inc. of exaggerating the effectiveness of a heart-health supplement by including misleading statements on the packaging, finding the fraud allegations sufficiently detailed to pass muster.

In largely denying Wal-Mart's bid to jettison the amended complaint, U.S. District Judge Cynthia Bashant found Tuesday that plaintiff Thamar Cortina’s purchase of the coenzyme Q10 supplement Equate CoQ10 and the subsequent economic injury, based on her allegations that she would not have purchased the product without the misleading statements, are sufficient to establish standing.

Furthermore, the amended complaint gives...

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