Court Affirms Decision to Deny Twin Lab's Motion to Strike False Advertising Suit

SANTA ANA, Calif. - In affirming a trial court's decision to deny a supplement maker's motion to strike a false advertising suit, an appellate court ruled that the advertisements and labeling that described the amount of ephedra found in a product are commercial speech and not protected by the state's anti-SLAPP statute. James Nagel, et al., v. Twin Laboratories, Inc., et al., No. G030196 (Calif. App. Ct., Fourth App. Dist., Div. Three).

The Fourth District California Court of Appeals also found that the evidence proffered by the plaintiff established a probability that he would prevail on his claim.

'A reasonable …