Metabolife Seeks Review of Decision That Label/Advertising Is Not Protected Speech Under Anti-SLAPP Statute

SAN DIEGO - Metabolife, the manufacturer of the embattled supplement Metabolife 356, filed a notice of appeal before the Ninth Circuit seeking review of a federal judge's decision stating that the advertising for the product and its label are not protected commercial speech under the state's anti-SLAPP statute. Cynthia Weeks, et al., v. Metabolife International Inc., et al., No. 03-CV-0731-DMS (S.D. Calif.).

The supplement maker filed its notice of appeal Nov. 4 following U.S. District Judge Dana M. Sabraw's Oct. 24 order denying Metabolife's motion to strike seven causes of action asserted by plaintiff Cynthia Weeks.

Weeks alleged in …