Appellate Court Finds Metabolife's Advertising Not Protected Under Anti-SLAPP Statute

SACRAMENTO - A California appellate court upheld a trial court's decision denying Metabolife's motion to strike a woman's unfair trade practices claim after finding that the advertising for the product was not protected commercial speech under the state's anti-SLAPP statute (Calif. C. Civ. P. Sect. 425.16). Joan Scott v. Metabolife International, Inc., No. C041029 (Calif. Ct. Appeal, Third Dist.).

The Third District California Court of Appeal's Jan. 29 opinion stated plaintiff Joan Scott's false advertising claim against Metabolife was not barred by the anti-SLAPP statute because the advertising, which described the product as safe and effective, was used to generate …