“Weight Loss” vs. “Weight Management”: Vitamin Shoppe Sidesteps False Advertising Suit

Putative class representative Andrea Nathan renewed her efforts to hold Vitamin Shoppe, Inc. liable under California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and breaches of express and implied warranties over Vitamin Shoppe’s “Garcinia Cambogia” dietary supplements after a California district court judge tossed the suit in February of this year. Vitamin Shoppe markets two products that contain the supplement, for “appetite control” and “weight management” respectively.  Nathan cited several studies in her first complaint, stating that the products’ only active ingredients (hydroxycitric acid and chromium) “are scientifically proven to be incapable of providing [] weight-loss benefits.”  The court, however, found such studies to be irrelevant because Vitamin Shoppe’s advertising does not promote weight-loss benefits, as opposed to “appetite control”…

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