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 26

27 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. 1 accompanying disclaimer (on the same panel) that the Food and Drug Administration (“FDA”) has 2 not evaluated the description of function and that the supplement is not intended to diagnose, treat, 3 cure, or prevent any disease.2 21 U.S.C. §§ 321, 343; 21 C.F.R. §§ 101.93(d). The plaintiffs also 4 allege that in its marketing of the…