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Defense Victory: C&J Convinces Federal Court To Dismiss Putative Consumer Class Action

Call & Jensen attorneys Matthew R. Orr and Joshua G. Simon secured a class dismissal with prejudice, in a putative consumer class action proceeding in a Massachusetts federal district court against Gencor, an Orange County-based herbal supplement manufacturer. The proposed class action accused Gencor and other defendants, including General Nutrition Corporation (GNC), of misleading consumers by manipulating scientific data regarding the health effects of the herbal extract fenugreek. Call & Jensen moved to dismiss the lawsuit by attacking all nine legal claims, including those brought under the Magnuson Moss Warranty Act and various California and Massachusetts consumer protection statutes. The U.S. District Judge agreed with Call & Jensen’s arguments in their entirety, and granted the motion to dismiss the firm’s client from the case.