11th Cir. Vacates $8 Million Supplement Settlement for Lack of Standing

  • Opinion

ATLANTA — An 11th Circuit U.S. Court of Appeals panel has vacated an $8 million settlement in a class action targeting a brain performance supplement, ruling the plaintiffs lacked standing to pursue their injunctive relief claims because they did not plan to purchase the product in the future.

In an April 12 opinion, the panel found the complaint clearly indicates that plaintiffs will never buy the supplements again because they are “worthless”; therefore, the U.S. District Court for the Southern District of Florida lacked jurisdiction to award injunctive relief, and its approval of the settlement was an abuse of discretion. …


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