In re Steroid Hormone Product Cases
California Court of Appeal
104 Cal. Rptr. 3d 329 (2010)
General Nutrition Companies (GNC) (defendant) sold supplements containing androstenediol, an illegal Schedule III controlled substance without a prescription; Diego Martinez (plaintiff), who bought these supplements and claimed he wouldn't have if he'd known they were illegal, sued under California's Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) and sought to certify a class of all purchasers from 2000-2004. GNC opposed certification, arguing each purchaser would need to individually prove causation and injury; the trial court agreed and denied certification, and Martinez appealed.
Whether claims under California's Unfair Competition Law and Consumer Legal Remedies Act, arising from a retailer's sale of an illegal product, may proceed as a class action when common questions of legality and materiality predominate over individualized issues of causation.