Judge Tosses Class Action Claims in Dietary Supplements Case
In a decisive win for Umeken USA Inc., Hueston Hennigan prevailed in the U.S. District Court for the Central District of California Tuesday when Judge Cormac Carney granted its motion to dismiss expansive fraud, labeling and RICO class action claims against the leading manufacturer of dietary supplements. In June of this year, Judge Carney dismissed plaintiff’s original complaint, largely with prejudice, but granted leave to amend on certain claims.
On Tuesday, Judge Carney found that the plaintiff, Min Sook Shin, still had not adequately alleged that Umeken was responsible for statements on an unaffiliated website, still had not substantiated her claims of fraud against a Umeken executive, and still had not alleged her own experience with Umeken’s products with adequate particularity. The Court has given Shin 30 days to file a second amended complaint on her remaining claims.