Steroid Hormone Product Cases

—This class action case is one of several coordinated cases involving over-the-counter sales of products containing anabolic steroids. The named plaintiff in this case, Diego Martinez, alleged causes of action against defendant General Nutrition Companies, Inc. (GNC), for violation of the unfair competition law (Bus. & Prof. Code, § 17200 et seq.) (UCL) and the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.) (CLRA), based upon GNC’s sale of products that contained androstenediol, a substance defined as a schedule III controlled substance under California law. (Health & Saf. Code, § 11056, subd. (f)(2).) It is unlawful in California to sell or possess a schedule III controlled substance without a prescription. (Health & Saf. Code, §§ 11377, 11379.)

Martinez sought to certify a class of all persons who purchased products containing androstenediol in California between February 17, 2000, and April 1, 2004. The trial court denied his motion to certify, finding that common issues did not predominate because class members would be required to individually litigate issues of causation and injury. Martinez appeals, arguing that the trial court’s denial was based upon…