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FERRARI v. VITAMIN SHOPPE INDUSTRIES LLC

No. 22-1332.

70 F.4th 64 (2023)

Richard FERRARI, individually and on behalf of all others similarly situated; William Bohr, individually and on behalf of all others similarly situated, Plaintiffs, Appellants, v. VITAMIN SHOPPE INDUSTRIES LLC f/k/a Vitamin Shoppe Inc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 9, 2023.

Attorney(s) appearing for the Case

Mark R. Sigmon , with whom Nick Suciu, III , Milberg Coleman Bryson Phillips Grossman PLLC, Charles J. LaDuca , Brendan S. Thompson , Cuneo Gilbert & LaDuca, LLP, Joseph J. Siprut , Erica C. Mirabella , Charles E. Schaffer , and Levin Sedran & Berman LLP were on brief, for appellants.

Michael R. McDonald , with whom Caroline E. Oks and Gibbons, P.C. were on brief, for appellee.

Before Montecalvo and Thompson, Circuit Judges, and Carreño-Coll, District Judge.

Richard Ferrari and William Bohr purchased three dietary supplements with glutamine in the hope that the glutamine would — as the labels said — help their muscles grow and recover after intense exercise. When they did not see any results, they sued the products' manufacturer, Vitamin Shoppe, for several...

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