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SPARKS v. TOTAL BODY

1071708.

27 So.3d 489 (2009)

Marcella SPARKS v. TOTAL BODY ESSENTIAL NUTRITION, INC., et al. Cindi Howard, Marion Howard, and Joshua Taylor v. Total Body Essential Nutrition, Inc., et al.

Supreme Court of Alabama.

July 17, 2009.

Attorney(s) appearing for the Case

Jeffrey C. Rickard and Thomas M. Powell of Marsh, Rickard & Bryan, P.C., Birmingham, for plaintiffs.

Duncan Y. Manley, Sharon D. Stuart, and J. Paul Zimmerman of Christian & Small LLP, Birmingham, for defendant Wright Enrichment, Inc.

Joseph H. Driver, Glenn E. Ireland, Sean C. Pierce, and Taylor C. Powell of Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C., Birmingham, for defendant Tex-American Food Blending, Inc.

LYONS, Justice.

These cases are before this Court on a certified question from the United States District Court for the Northern District of Alabama.

Facts and Procedural History

At various times Marcella Sparks, Cindi Howard, Marion Howard, and Joshua Taylor (collectively referred to as "the consumers") purchased a dietary supplement known as "Total Body Formula" from St. John's Nutrition, a health-food retailer in Oxford, Alabama.

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