On May 3, 2019, Kaplan Fox filed a class action lawsuit against GNC in the United States District Court for the Northern District of California. On behalf of a nationwide class of consumers, plaintiffs allege that GNC violated various state consumer protection laws because it 1) unlawfully sold drugs to them that had not been pre-approved by the Food & Drug Administration and 2) deceptively marketed its proprietary brand dietary supplements as lawful and therapeutic. The complaint seeks both injunctive relief – changes in GNC’s marketing – and economic damages derived from purchases within the last six years. The lawsuit covers all GNC in-house, or proprietary-brand, dietary supplements.

On November 15, 2019, the U.S. District Court issued its ruling that plaintiffs stated valid claims for relief and denied GNC’s motion to dismiss in its entirety. The litigation is now in the discovery stage. The court’s decision denying GNC’s motion to dismiss the complaint is available here.

Kaplan Fox is a recognized leader in the area of consumer litigation, including on claims of deceptive advertising in the food and dietary supplements industry. Kaplan Fox has recovered hundreds of millions of dollars on behalf of plaintiff classes. If you would like additional information about the GNC litigation, Case No. 19-cv-02414, or have information about a similar complaint that you wish to discuss with Kaplan Fox attorneys, please phone us toll-free at 1-844-333-7660, or fill out the below online form.