Steroid class action certified on appeal

Executive Summary

A California appellate court in Los Angeles sides with a class action certification attempt on appeal against GNC about steroid-containing supplements. The court's Jan. 21 1decision reverses a lower court's rejection of plaintiff Diego Martinez's class certification attempt. The previous rejection was based on an erroneous legal assumption - "that common issues did not predominate because class members would be required to individually litigate issues of causation and injury." Martinez attempted to certify a class of anyone who purchased products from GNC containing androstenediol in California between 2000 and 2004. He alleged damages based on GNC's deceptive conduct. GNC said it ceased selling so-called supplements with androstenediol, a schedule III controlled substance, in March 2004 (2"The Tan Sheet" Oct. 27, 2003)