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Unanimous Ninth Circuit Affirms Summary Judgment In Consumer Class Action Alleging False Advertising

Call & Jensen attorneys Matthew Orr, William Cole and Sam Brooks obtained a unanimous decision from the United States Court of Appeals for the Ninth Circuit affirming the trial court’s ruling granting summary judgment against the plaintiff on all claims he had alleged in a class action lawsuit against a dietary supplement seller. In a published opinion, the Ninth Circuit agreed with Call & Jensen’s argument that the plaintiff’s state law claims were preempted by federal law, which permits supplement sellers to make the type of “structure/function” claims the plaintiff alleged to be misleading. The case is Greenberg v. Target Corporation, — F.3d —, No. 19-16699 (9th Cir. 2021).