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DURNFORD v. MUSCLEPHARM CORP.

No. 16-15374.

907 F.3d 595 (2018)

Tucker DURNFORD, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. MUSCLEPHARM CORP., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2018.

Attorney(s) appearing for the Case

Matt J. Malone (argued), Susan F. Brown , and Michael F. Ram , Ram Olson Cereghino & Kopczynski, San Francisco, California, for Plaintiff-Appellant.

Michael J. Suffern (argued) and Linda E. Maichl , Ulmer & Berne LLP, Cincinnati, Ohio, for Defendant-Appellee.

Before: Marsha S. Berzon and Michelle T. Friedland, Circuit Judges, and William K. Sessions III, District Judge.

OPINION

Tucker Durnford brought California consumer claims against MusclePharm Corporation, a manufacturer of nutritional supplements, for making false or misleading statements about the protein in one of its products. The district court dismissed Durnford's action as preempted by the Food, Drug, and Cosmetic Act...

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