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DACHAUER v. NBTY, INC.

No. 17-16242.

913 F.3d 844 (2019)

Paul DACHAUER, On Behalf of Himself and All Others Similarly Situated, Plaintiff-Appellant, v. NBTY, INC., a Delaware Corporation; Nature's Bounty, Inc., a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 10, 2019.

Attorney(s) appearing for the Case

Stewart Weltman (argued), SIPRUT PC, Chicago, Illinois; Max A. Stein and Nada Djordjevic , Boodell & Domanskis, LLC, Chicago, Illinois; Patricia N. Syverson and Manfred Muecke , Bonnett, Fairbourn, Friedman & Balint, P.C., San Diego, California; Elaine Ryan , Bonnett, Fairbourn, Friedman & Balint, P.C., Phoenix, Arizona; for Plaintiff-Appellant.

Robert Andalman (argued) and Rachael Blackburn , A&G Law, LLC, Chicago, Illinois; William A. Delgado , Willenken Wilson Loh & Delgado LLP, Los Angeles, California; for Defendants-Appellees.

Before: Sidney R. Thomas, Chief Judge, Susan P. Graber, Circuit Judge, and Leslie E. Kobayashi, District Judge.

OPINION

Defendants NBTY, Inc., and Nature's Bounty, Inc., make vitamin E supplements that claim, on their labels, to "support cardiovascular health" and to "promote[ ] immune function," "immune health," "heart health," and "circulatory health."1 Plaintiff Paul Dachauer purchased one bottle...

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