JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement (“Policy”). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users’ names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user’s experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

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Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the “opt-out of future email” option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

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Market News

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March 8, 2018 – By Marguerite Chambers

The stock of NUTRAFUELS INC (OTCMKTS:NTFU) registered a decrease of 82.33% in short interest. NTFU’s total short interest was 4,100 shares in March as published by FINRA. Its down 82.33% from 23,200 shares, reported previously. The short interest to NUTRAFUELS INC’s float is 0.01%.

The stock decreased 2.84% or $0.0076 during the last trading session, reaching $0.2599. About 64,100 shares traded. NutraFuels, Inc. (OTCMKTS:NTFU) has 0.00% since March 8, 2017 and is . It has underperformed by 16.70% the SP500.

NutraFuels, Inc. manufactures and distributes oral spray nutritional and dietary products to retail and wholesale outlets. The company has market cap of $21.26 million. The companyÂ’s products include sleep spray to support a healthy sleep cycle and improve the quality of restful sleep; energize spray to enhance energy, and restore vigor and vitality; and garcinia cambogia spray, an appetite and weight management spray. It currently has negative earnings. It also offers NRG-X extreme energy spray to enhance energy and stamina; headache and pain spray to relieve headaches and pain; and hair, skin, and nails spray to nourish and encourage hair, skin, and nail growth.

More notable recent NutraFuels, Inc. (OTCMKTS:NTFU) news were published by: Globenewswire.com which released: “NutraFuels, Inc. (NTFU) Receives Initial Purchase Order From My Daily Choice …” on July 29, 2015, also Marketwired.com with their article: “NutraFuels, Inc. (NTFU) Launches its Oral Spray Nutraceutical Product Line …” published on January 11, 2017, Marketwired.com published: “NutraFuels, Inc. (NTFU) Secures Partnership with Breadfruit Tree DBA NFSKIN to …” on January 03, 2017. More interesting news about NutraFuels, Inc. (OTCMKTS:NTFU) were released by: Marketwired.com and their article: “NutraFuels, Inc. (NTFU) Launches New Ecommerce Site to Sell Hemp Derived …” published on June 07, 2017 as well as Globenewswire.com‘s news article titled: “NutraFuels (NTFU) Announces Up-Listing to OTCQB Market” with publication date: March 02, 2018.

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Ruling that the plaintiff failed to present sufficient evidence that a dietary supplement promised weight loss, a California federal court judge threw out a putative class action against Vitamin Shoppe.

Seeking a product that would help with weight loss, Andrea Nathan purchased a bottle of Garcinia Cambogia Extract labeled “Weight Management” and “Appetite Control” in February 2017. She later sued, alleging violations of California’s False Advertising Law (FAL), Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) because the product was “nothing more than a placebo.”

Vitamin Shoppe asked the court to dismiss the suit, arguing that the label made no promises about weight loss and that it had studies to back up the statements on the product.

The court agreed and granted the motion. It was irrelevant whether the defendant could back up the statements with studies proving the active ingredients in the product resulted in weight loss “because the phrases themselves do not inherently promise weight loss benefits,” U.S. District Judge Roger T. Benitez wrote.

“The first problem with Plaintiff’s complaint is her assertion that the phrases ‘Weight Management’ and ‘Appetite Control’ equate to representations that the Product provides weight loss benefits,” the court said. “‘Weight Management’ suggests management or control of one’s weight, whose upward or downward departure may differ depending on an individual’s goals, i.e., to gain, lose, or maintain one’s weight. ‘Appetite Control’ indicates control of one’s appetite, which may or may not ultimately result in weight loss.”

Further, the plaintiff did not allege that any other statements, advertising or other communications by the defendant promoted the product as a weight loss supplement. “Instead, she merely provides her own subjective belief of the type of supplement and benefits she was looking for at the time she purchased the Product and attributed the same to the product,” the court wrote. “As a result, this alleged deficiency cannot serve as the basis for Plaintiff’s UCL, FAL, or CLRA claims.”

Judge Benitez found a second problem with the plaintiff’s complaint in her challenge to the studies upon which the defendant based its ad claims. The only conclusion regarding the representations at issue “merely states that its results ‘did not support the hypothesis that HCA supplementation may be effective on appetite and weight control by increasing fat oxidation,’” the court said. “The court finds this qualifying language is not sufficient to raise a plausible claim or falsity or a misrepresentation.”

While the court granted the defendant’s motion to dismiss, it did so without prejudice.

To read the order in Nathan v. Vitamin Shoppe, Inc., click here.

Why it matters: With a literal reading of the label, the court found that claims the product helped with “Weight Management” and “Appetite Control” did not promise weight loss, as the plaintiff maintained. Her subjective belief was insufficient to form the basis of relief under the various California statutes, the court said, granting the defendant’s motion to dismiss.