Scott
Scott v. Metabolite International, Inc.
Opinion
Opinion
Robie, J.
Plaintiff Joan Scott sued Metabolife International, Inc., (Metabolife) for personal injuries she alleges she suffered after taking its product— Metabolife 356. Metabolife appeals the denial of its special motion to strike the complaint under Code of Civil Procedure section 425.16. Metabolife contends the trial court erred in concluding section 425.16 did not apply. We conclude Scott’s personal injury causes of action “arise from” Metabolife’s act of manufacturing and selling of the allegedly defective product that caused Scott’s injury, not from any act in furtherance of Metabolife’s right of petition or free speech under the United States or California Constitutions. Scott also included a false advertising cause of action. We conclude Metabolife’s for-profit advertising of the safety and efficacy of its product does not concern an issue of public interest under section 425.16. We shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
A
The Complaint
Boiled down to its essential relevant allegations, Scott’s complaint claims she used Metabolife 356 and suffered a stroke as a direct result. From this kernel of relevant information, Scott alleges four personal injury causes of…