Pa. Plaintiffs Appeal Class Certification Denial In Andro Case

PHILADELPHIA - Users of a controversial body-building supplement are appealing a Pennsylvania court's recent order denying class certification. Toth v. Bodyonics Ltd., et al., No. 3886 July Term 2002 (Pa. Comm. Pls., Philadelphia Cty.).

Philadelphia Common Pleas Judge Mark Bernstein ruled on Nov. 30 that Andrew Toth and others who purchased products containing androstenedione ('Andro') failed to meet Pennsylvania's commonality test for pursuing claims as a class against manufacturer Bodyonics Ltd. and retailer General Nutrition Companies.

Judge Bernstein concluded that plaintiffs could not meet the commonality test in its single consumer protection act claim against manufacturer Bodyonics, because causation would …