Jasper v. MusclePharm Corp.

Ramona Jasper (plaintiff) bought MusclePharm's (defendant) FitMiss Fat-Burning supplement, which claimed visible fat-burning results within two weeks. When Jasper didn't experience those effects, she sued for misleading labeling, including a claim under the Magnuson-Moss Warranty Act (MMWA). MusclePharm moved to dismiss the MMWA claim, arguing it doesn't apply to products already regulated under the Food, Drug, and Cosmetic Act (FDCA); the magistrate judge recommended dismissal, and neither side objected before the district court reviewed the recommendation.