Legal Opinion
Adam Karhu v. Vital Pharmaceuticals, Inc.
Court of Appeals for the Eleventh Circuit
Decided June 9, 2015No. 14-11648UnpublishedCited by 43 opinions
1Opinion of the Court
*946GOLDBERG, Judge:
Vital Pharmaceuticals, Inc. (“VPX”) markets'a dietary supplement called VPX Meltdown Fat Incinerator (“Meltdown”), which it advertises for fat loss. Adam Karhu purchased the supplement in reliance on Meltdown’s advertising. Karhu brought class-action suit, alleging that Meltdown’s advertising is false, insofar as Meltdown does not aid fat loss.
Karhu moved to certify class of nationwide Meltdown purchasers as well as a subclass of New York purchasers. Certification is governed by Federal Rule of Civil Procedure 23. Under Rule 23, certification is proper where the proposed…
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