April 2017: The Ninth Circuit Court of Appeals affirmed the district court’s dismissal of this lawsuit.

March 2015: The named plaintiff filed a Notice of Appeal regarding the decision to dismiss this action. (Engel v. Novex Biotech, LLC et al, Case No. 15-15492, 9th Cir.)

February 2015: A federal judge dismissed a false advertising class-action lawsuit against Novex Biotech, LLC and GNC Corp. The 2014 complaint alleged that the companies falsely advertised Growth Factor-9, an over-the-counter amino acid supplement, as “clinically tested” to provide a “682% mean increase in serum growth hormone levels” without adequate scientific evidence to support such claims. The judge dismissed the complaint because, among other things, the plaintiffs did not cite any scientific study that disproves the advertised claims. The lawsuit was dismissed with prejudice, meaning that the plaintiffs cannot refile the complaint. (Engel et al v. Novex Biotech LLC and GNC Corp., Case No. 14-cv-03457, N. D. CA.)

For more information about the advertising of supplements and TINA.org’s coverage of the issue, click here.


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