Culturelle IBS Complete Support maker I-Health Inc. convinced a federal judge to toss a proposed class action alleging it deceptively advertised the supplement as “clinically proven” to treat irritable bowel syndrome symptoms.
The plaintiff relied on a report from the National Advertising Division of the Better Business Bureau, but the report merely said the clinical study the supplement maker relied on was unreliable, not that its findings were incorrect, the US District Court for the Northern District of California said Tuesday.
“This is not a situation where Plaintiff has pointed to facts which show actual falsehood in the Product’s labelling,” ...