Margolin v. Vital Pharmaceuticals
Matthew Margolin appeals an order denying his motion to certify a class of purchasers of a dietary supplement called "NO Shotgun" in a false advertising action against its manufacturer, Vital Pharmaceuticals, Inc. (Vital). Margolin alleged that Vital falsely stated on product labels and its Web site that NO Shotgun contained an esterified form of creatine that was more effective than the monohydrate form at building muscle, increased muscle cell DNA, and induced formation of new muscle cells ("hyperplasia"). The trial court ruled Margolin had not presented sufficient evidence to establish several of the procedural requirements for certification of the proposed class. We affirm.
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