False Advertising Lawsuit against Ex-Redskins Quarterback Not Quite Over

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The plaintiffs representing the class action against former NFL quarterback, Joe Theismann, and NAC Marketing urged the Ninth Circuit to revive their claim that was dismissed for lack of redressability. The plaintiffs argue that the claim should not be dismissed just because the defendants refunded money to the plaintiffs.

This suit arose in 2013 when the plaintiffs bought supplements from advertisements featuring the defendants and later discovered the ingredients in the supplements to be ineffective.

In February 2014, the suit was dismissed for lack of subject matter jurisdiction because the plaintiffs injuries were redressed when the plaintiffs’ received refunds for the value of the supplement’s purchase price and shipping costs.

The plaintiffs urge a reversal of this decision because allowing a dismissal for lack of redressability represents that the defendants can just refund an individual that seeks to be a part of the class action.

In agreeing with the lower court decision, NAC argues that dismissal was correct because the study the plaintiffs’ used to show the supplement was ineffective did not say what they claimed so there is no false advertising claim. Former Quarterback, Theismann, also argues in favor of affirming the dismissal because he was an endorser of the supplement, not a seller, and should not be liable for discussing his personal experiences in the advertisement.

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