Obtained summary judgment in a nationwide consumer class action on behalf of NBTY, Inc., the country’s largest source of dietary supplements, and two of its subsidiaries.
The plaintiffs alleged NBTY, Inc. falsely advertised L-Arginine supplements. They asserted claims for violations of California’s Unfair Competition Law (UCL) and False Advertising Law (FAL) (Business & Professions Code§§ 17200, 17500 et seq.), the Consumers Legal Remedies Act (CLRA) (California Civil Code § 17 50 et seq.), as well as claims for breach of warranty and unjust enrichment.
Willenken filed a motion for summary judgment, which was entered in the client’s favor and ultimately awarded NBTY, Inc. all costs.