A district court’s award of treble damages and legal fees against a dietary supplement maker that falsely advertised the chemical composition of its product was upheld Tuesday by the U.S. Court of Appeals for the Second Circuit.
Saying that its ruling would enhance the “clarity” of the circuit’s false advertising jurisprudence, a unanimous panel affirmed Southern District Judge Richard Sullivan’s (See Profile) findings in favor of the Swiss supplement maker Merck Eprova AG in its dispute with its only major competitor in the wholesale marketplace for folate supplements, Gnosis S.p.A. of Italy.
