Sparks v. Total Body Essential Nutrition, Inc.

LYONS, Justice.

These cases are before this Court on a certified question from the United States District Court for the Northern District of Alabama.

Facts and Procedural History

At various times Marcella Sparks, Cindi Howard, Marion Howard, and Joshua Taylor (collectively referred to as “the consumers”) purchased a dietary supplement known as “Total Body Formula” from St. John’s Nutrition, a health-food retailer in Oxford, Alabama.1 St. John’s Nutrition is a retail seller of Total Body Formula and received the supplement from the manufacturer in sealed, prepackaged containers. St. John’s…