Shook Attorneys Obtain Dismissal for Multivitamin Manufacturer

A Missouri federal court has granted a motion to dismiss a lawsuit against Source Naturals, Inc., maker of Life Force® multivitamins, alleging the company misrepresented the amount of vitamins and nutrients in the product on the label. Dougherty v. Source Naturals, Inc., No. 15-0574 (E.D. Mo., order entered December 8, 2015).

The plaintiff argued her tests of the multivitamin showed that the nutrient content claims on the product packaging were false, amounting to a violation of the Missouri Merchandising Practices Act. The court disagreed, finding the plaintiff’s testing did not meet the methodology mandated by the U.S. Food and Drug Administration (FDA). “Because Plaintiff has failed to allege she followed FDA testing protocols,” the court found, “her state law claims that rely on a different methodology to demonstrate such labeling violations are inconsistent with the [federal Food, Drug, and Cosmetic Act] and are thus preempted.” Accordingly, the court granted the motion to dismiss in favor of Shook’s client. The Shook team included Jim Muehlberger, Jon Gray and Doug
Maddock.

Issue 588