ThermoLife International, LLC v. Gaspari Nutrition, Inc.

ORDER

NEIL V. WAKE, District Judge.

Before the Court is Defendant’s Motion to Dismiss Counts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 11 of Plaintiffs First Amended Complaint (Doc. 39). The Motion will be denied in part and granted in part for the reasons stated below.

I. BACKGROUND FACTS

Plaintiff ThermoLife International, LLC (“ThermoLife”) and Defendant Gaspari Nutrition, Inc. (“Gaspari”) are both suppliers of dietary supplements targeted at competiti claims that Gaspari falsely and misleadingly marketed and sold its products — specifically Defendant’s Novedex XT, Halodrol Liquigels, Halodrol MT, and…