Judge Trims Homeopathic Claims In "All Natural" Nutramarks Case

On September 12, 2016, Southern District of California Judge Barry Moskowitz granted defendants' motion to dismiss several of plaintiffs' claims in the putative class action Hammock v. Nutramarks, Case No. 15cv2056 BTM (NLS).

Defendants manufacture, advertise, and distribute homeopathic products under the label "NatraBio."  Plaintiffs' claims are based on an array of NatraBio products that defendants advertised as providing "fast acting symptom relief" and as "a natural alternative for every medicine cabinet."  The complaint alleged claims for misrepresentation, breach of warranty, and consumer protection, and also sought injunctive relief.  Plaintiffs alleged that the products are not proven to relieve any symptoms;and that the product labels falsely claim that the products are made from "all natural" ingredients when they in fact contain one or more synthetic ingredients.