Scott v. Metabolife Internat Inc

In Scott v. Metabolife Internat., Inc. (2004) 115 Cal.App.4th 404, a woman who suffered a stroke after using the defendant's product, Metabolife 356, sued for personal injury and false advertising. The advertising consisted of misleading statements by the manufacturer regarding the product's safety and efficacy. (Id. at p. 408.) The Court of Appeal held that "a manufacturer's advertising of a specific consumer product, on its labels, and to the public, for the purpose of selling that product--is not an issue of public interest ... as that phrase is used in section 425.16." (Id. at p. 420.) Because the false advertising did not address "obesity or weight management in general," section 425.16 did not apply. (Scott, at p. 423.)