Arora

INTRODUCTION

18 The plaintiffs, who live in California (Arora and Clinton) and New York (Johnson), bought 19 GNC dietary supplements and then — on behalf of themselves and putative nationwide, 20 California, and New York classes of consumers — sued GNC Holdings, claiming that labels 21 describing the supplements’ functions (such as “Diabetic Support”) were unlawful because they 22 did not include a disclaimer that is required under the Federal Food, Drug and Cosmetics Act 23 (“FFDCA” or “Act”), 21 U.S.C. § 301 et seq., and the regulations implementing the Act.1 Under 24 the Act, if a product’s label describes the supplement’s function, then there must be an 25

1 Compl. – ECF No. 1. Citations refer to material in the Electronic Case File (“ECF”); pinpoint citations are to the ECF-generated page numbers at the top of documents. accompanying disclaimer (on the same panel) that the Food and Drug Administration (“FDA”) has not evaluated the description of function and that the supplement is not intended to diagnose, treat, cure, or prevent any disease.2 21 U.S.C. §§ 321, 343; 21 C.F.R. §§ 101.93(d). The plaintiffs also allege that in its marketing of the…