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IN RE GNC CORP.

No. 14-1724.

789 F.3d 505 (2015)

In re GNC CORPORATION; Triflex Products Marketing and Sales Practices Litigation (No. II). Yvonne Brown; Shawn Howard, on behalf of themselves and all others similarly situated; Michael Lerma, On Behalf of Themselves and All Others Similarly Situated; Jeremy Gaatz, On Behalf of Themselves and All Others Similarly Situated; Robert Toback; Robert Calvert; Thomas Flowers; John J. Gross; Justin M. George; Louis Lastres, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. GNC Corporation, a Delaware Corporation; GNC Holdings, Inc.; Rite Aid Corporation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 19, 2015.

Attorney(s) appearing for the Case

ARGUED: Robert Jeffrey Berg , Denlea & Carton LLP, White Plains, New York, for Appellants. Joseph R. Palmore , Morrison Foerster, LLP, Washington, D.C., for Appellees. ON BRIEF: E. Duncan Getchell, Jr. , Richmond, Virginia, Gordon W. Schmidt , Courtney S. Schorr , McGuirewoods, LLP, Pittsburgh, Pennsylvania, for Appellees.

Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge NIEMEYER and Senior Judge HAMILTON joined.

Appellants are consumers who purchased joint health supplements produced and sold by GNC and Rite Aid. The supplements all contain glucosamine and chondroitin, and most contain additional purportedly active ingredients. Appellants allege that GNC and Rite Aid have violated the consumer protection laws of various states by marketing...

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