American Fitness Wholesalers LLC won dismissal of a suit challenging dietary supplement advertising, a federal district court in Arizona said.
ThermoLife International LLC’s Lanham Act and false marking claims failed because it couldn’t show that American Fitness’s alleged false advertising or alleged false representation of a patented ingredient hurt its business, the U.S. District Court for the District of Arizona said.
The court previously dismissed ThermoLife’s suit with leave to refile. This time it tossed the suit for good, saying ThermoLife failed to correct the deficiencies previously identified. And American Fitness is entitled to attorneys’ fees incurred in preparing the…