Iovate Stuck In Bodybuilding Supplement False Ad Suit

Law360, New York (January 16, 2014, 3:28 PM EST) -- Iovate Health Sciences Inc. must face accusations of falsely advertising a line of dietary supplements as helpful in building muscle size, a California federal judge ruled Wednesday, saying the complaint walked the narrow path necessary to avoid federal preemption.

U.S. District Judge William Q. Hayes refused the supplement maker's battery of arguments for dismissal, including that the suit's product misbranding claims under California's Sherman Food, Drug and Cosmetic Act amounted to a prohibitive attempt at impose labeling requirements beyond those of the Federal Food, Drug and Cosmetic Act.

In actuality, the FDCA's preemption provisions do not cut off all causes of...

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