A leading seller of vitamins and dietary supplements obtained summary judgment dismissing a class action complaint before the U.S. District Court in the Eastern District of Missouri. Faegre Drinker represented the nutraceutical company in the case.
The plaintiff, who purchased a brain health supplement, claimed that the seller violated the Missouri Merchandising Practices Act (MMPA) and was liable to purchasers for unjust enrichment. The court found that the plaintiff could not show ascertainable loss for purposes of the MMPA, nor establish unjust enrichment. As a result, the complaint was dismissed in its entirety.
