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Judge tosses class action alleging Joel Rothman’s clients’ diet drink doesn’t deliver on advertised health benefits

Arnstein & Lehr attorney Joel B. Rothman

Joel B. Rothman

A California judge on Wednesday dismissed a class action lawsuit against West Palm Beach Partner Joel Rothman’s fitness drink client that touts in its advertising health benefits that include the ability to burn more calories, raise metabolism and provide lasting energy. The judge ruled that because the lead plaintiff did not chart his daily caloric intake while using the fitness drink, it would be impossible to determine if the diet drink burned up to 100 calories, as it claimed, each time he consumed it. As such, the judge granted Mr. Rothman’s client motion for summary judgment and dismissed three claims brought under the California Legal Remedies Act and the state’s business and professions code for false and misleading advertising. Assisting Mr. Rothman with the lawsuit was Miami Associate Harley Storrings.

Law360 reported on the judges ruling in its August 10 edition. To read the article, please click here.