Judge Dismisses UCL Claim, Holds Fact Issue Exists On Biotin Disclaimer

Mealey's (January 9, 2019, 12:58 PM EST) -- SAN FRANCISCO — Although a question of fact exists as to whether a consumer would notice an asterisk highlighting a disclaimer about biotin deficiency, a California federal judge on Jan. 4 held that consumers failed to meet the heightened pleading requirements to support their claim for violation of California’s unfair competition law (UCL), dismissing the complaint against the product maker with leave to amend (Eugene Anthony, et al. v. Pharmavite, No. 18-cv-02636, N.D. Calif., 2019 U.S. Dist. LEXIS 1899)....