Judge Dismisses NFL Player's Product Liability, Negligence Claims

SAN FRANCISCO - A California federal judge has dismissed strict product liability and negligence claims brought by a professional football player against the maker of a weight loss supplement and two distributors, ruling that the claims are barred by the economic loss rule. Jackson v. Balanced Health Products Inc., No. 08-05584 (N.D. Calif.).

On June 10, U.S. District Judge Claudia Wilken of the U.S. District Court for the Northern District of California allowed the false advertising and unjust enrichment claims to proceed, and granted defendants leave to amend their Sherman Act claim. Defendants filed their amended complaint on June 30.