Jacob Scheibe v. Prosupps USA, LLC

San Diego, California consumer law lawyer represented the Plaintiff seeking class action certification against ProSupps USA under California consumer protection laws for mislabeling a dietary supplement named Hydro BCAA.



Plaintiff alleged that Hydro BCAA was mislabeled because his preliminary testing found that the supplement contained more grams of carbohydrates and calories than was listed on the supplement's FDA-prescribed label. Plaintiff alleged he tested the supplement using the FDA's testing methods, but not the FDA's twelve-sample sampling process. The district court found that the Food, Drug, and Cosmetic Act preempted the claims because plaintiff failed to plead that he tested the supplement according to the FDA's sampling process.



The Food, Drug, and Cosmetic Act preempts state laws imposing labeling requirements that are not identical to those

of the Act. Consumers can bring claims under state law alleging that foods are mislabeled, but those claims cannot

impose liability beyond what the Act requires. If a product's label complies with the Act, then the Act preempts any state-law claim that the product is mislabeled.

Motion of dismiss granted.



Reversed