Vasic
Vasic v. Patenthealth, L.L.C.
Opinion
Lead Opinion
Honbashant, J.
ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
[ECF No. 70]
On April 8, 2013, Plaintiff Dragan Vasic commenced this class action arising out of the advertising and sale of a glucosamine-based health supplement. On April 8, 2014, Plaintiff filed a Second Amended Complaint (“SAC”) against Patent Health, LLC and Arthur Middleton (collectively, “Defendants”). (ECF No. 40.) Defendants now move for summary judgment. Plaintiff opposes.
The Court finds this motion suitable for determination on the papers submitted and without oral argument. See Civ. L. R. 7.1 (d)(1). For the following reasons, the Court DENIES Defendants’ motion for summary judgment. (ECF No. 70.)
I. BACKGROUND
Between February 2006 and October 18, 2013, Defendants marketed and distributed Trigosamine Maximum Strength (“Trigo MS”). (JSUF 1.) Trigo MS contains Hyaluronic Acid, Glucosamine, Chondroitin Sulfate, and Vitamin D. (JUSF 7.) Between December 2008 and October 18, 2013, Defendants marketed and distributed Trigosamine Fast Acting (“Trigo FA”). (JSUF 2.) Trigo FA contains Hyaluronic Acid, Glucosamine and a proprietary blend of ingredients called RapidFLEX, which includes Boswellia gum resin extract,…