RICO and state false advertising allegations dismissed with prejudice
Washington, DC (August 06, 2014) – A cross-country team of Venable LLP attorneys from the firm’s San Francisco, Los Angeles, Washington, DC, and New York offices successfully secured dismissal with prejudice in a putative consumer class action against GNC, Direct Digital LLC, Force Factor LLC, and other parties in the testosterone oral supplement industry.
The twelve-count complaint alleged Racketeer Influenced and Corrupt Organizations Act (RICO) and various violations of California and New York false advertising laws over an allegedly discredited herbal extract capable of increasing testosterone levels, muscle mass, and strength.
U.S. District Judge Manuel L. Real of the Central District of California granted Venable’s motion to dismiss, finding no personal jurisdiction over the individual defendants and finding Plaintiffs failed to allege essential elements of their RICO and state law claims. “Plaintiffs have failed to lay out the who, what, where and when in their complaint,” he ruled. Judge Real also found that a scientific report on which Plaintiffs relied actually contradicted their own allegations making any attempt to amend their complaint futile.
Venable’s cross-country team consisted of partners Daniel S. Silverman (Los Angeles), Angel A. Garganta (San Francisco), and Todd A. Harrison (Washington, DC), counsel Michael C. Hartmere (New York), and associates Sarah S. Park (New York) and Robert L. Meyerhoff (Los Angeles).
Note: Venable is an American Lawyer Global 100 law firm serving clients globally. Headquartered in Washington, DC, with offices in California, Delaware, Maryland, New York and Virginia, Venable LLP lawyers and legislative advisors serve the needs of our domestic and global clients in all areas of corporate and business law, complex litigation, intellectual property, regulatory, and government affairs around the globe.