Supplement Maker's Motion to Dismiss Granted in Part, Denied in Part

HACKENSACK, N.J. - A New Jersey Superior Court judge granted in part and denied in part a supplement maker's motion to dismiss after finding that the claims made by a man who allegedly experienced an episode of cardiac arrhythmia after using a product containing ephedra were not 'bald, unsupported' legal conclusions. Farrukh Khan v. Cytodyne Technologies, Inc., No. BER-L-3800-03 (N.J. Sup. Ct., Bergen Cty.).

In an unpublished opinion, Bergen County Superior Court Judge Peter E. Doyne ruled that the plaintiff could pursue claims of products liability and failure to warn against the supplement maker. However, the plaintiff could not pursue …