Metabolife Files Motion to Dismiss, Argues Damages Can't Be Recovered for 'Food Product'

MIAMI-The manufacturer of the nation's top-selling dietary supplement filed a motion to dismiss the claims of three Florida women who allegedly sustained injuries resulting from their use of Metabolife 356. Perez, et al., v. Metabolife International, Inc., No. 02-CV-22850 (S.D. Fla.).

The supplement maker's Oct. 18 motion to dismiss states that it cannot be found liable for damages because the product is not 'unreasonably dangerous.' The motion also contends that the plaintiffs' fraud claims need to be more specific pursuant to Federal Rule for Civil Procedure 9(b) and that the manufacturer did not violate the Florida Deceptive and Unfair Trade …