GNC 2008 Annual Report Download - page 102

Table of Contents
GENERAL NUTRITION CENTERS, INC. AND SUBSIDIARIES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
Harry Rodriguez, individually and on behalf of all others similarly situated, v. General Nutrition Companies, Inc. Case No. 1:06-
cv-02987-JSR, In the United States District Court for the Southern District of New York). Plaintiffs filed this putative class action on or
about July 25, 2002. The Second Amended Complaint, filed thereafter on or about December 6, 2002, alleged claims for unjust
enrichment, violation of General Business Law Section 349 (misleading and deceptive trade practices), and violation of General
Business Law Section 350 (false advertising). On July 2, 2003, the court granted part of the GNC motion to dismiss and dismissed the
unjust enrichment cause of action. On January 4, 2006, the court conducted a hearing on the GNC motion for summary judgment and
plaintiffs' motion for class certification, both of which remain pending.
• Everett Abrams v. General Nutrition Companies, Inc. (previously pending in the Superior Court of New Jersey, Mercer County, New
Jersey, Docket No. L-3789-02 and currently styled Everett Abrams, individually and on behalf of all others similarly situated, v. General
Nutrition Companies, Inc., Case No. 1:06-cv-07881-JSR, In the United States District Court for the Southern District of New York).
Plaintiffs filed this putative class action on or about July 25, 2002. The Second Amended Complaint, filed thereafter on or about
December 20, 2002, alleged claims for false and deceptive marketing and omissions and violations of the New Jersey Consumer
Fraud Act. On November 18, 2003, the court signed an order dismissing plaintiff's claims for affirmative misrepresentation and
sponsorship with prejudice. The claim for knowing omissions remains pending.
• Shawn Brown, Ozan Cirak, Thomas Hannon, and Luke Smith v. General Nutrition Companies, Inc. (previously pending in the 15th
Judicial Circuit Court, Palm Beach County, Florida, Index. No. CA-02-14221AB and currently styled Shawn Brown, Ozan Cirak,
Thomas Hannon and Like Smith, each individually and on behalf of all others similarly situated v. General Nutrition Companies, Inc.,
Case No. 1:07-cv-06356-UA, In the United States District Court for the Southern District of New York). Plaintiffs filed this putative class
action on or about July 25, 2002. The Second Amended Complaint, filed thereafter on or about November 27, 2002, alleged claims for
violations of the Florida Deceptive and Unfair Trade Practices Act, unjust enrichment, and violation of Florida Civil Remedies for
Criminal Practices Act. These claims remain pending.
• Andrew Toth v. General Nutrition Companies, Inc., et al. (previously pending in the Common Pleas Court of Philadelphia County,
Philadelphia, Class Action No. 02-703886 and currently styled Andrew Toth and Richard Zatta, each individually and on behalf of all
others similarly situated v. Bodyonics, LTD, d/b/a Pinnacle and General Nutrition Companies, Inc., Case No. 1:06-cv-02721-JSR, In the
United States District Court for the Southern District of New York). Plaintiffs filed this putative class action on or about July 25, 2002.
The Amended Complaint, filed thereafter on or about April 8, 2003, alleged claims for violations of the Unfair Trade Practices and
Consumer Protection Law, and unjust enrichment. The court denied the plaintiffs' motion for class certification, and that order has been
affirmed on appeal. Plaintiffs thereafter filed a petition in the Pennsylvania Supreme Court asking that the court consider an appeal of
the order denying class certification. The Pennsylvania Supreme Court denied the petition after the case against GNC was removed as
described above. The Claims for the violations of the Unfair Trade Practices and Consumer Protection Law and unjust enrichment
remain pending.
• Santiago Guzman, individually, on behalf of all others similarly situated, and on behalf of the general public v. General Nutrition
Companies, Inc. (previously pending on the California Judicial Counsel Coordination Proceeding No. 4363, Los Angeles County
Superior Court). Plaintiffs filed this putative class action on or about February 17, 2004. The Second Amended Complaint, filed on or
about November 27, 2006, alleged claims for violations of the Consumers Legal Remedies Act, violation of the Unfair Competition Act,
and unjust enrichment. These claims remain pending.
On January 25, 2008, a mediation was held for the Andro Actions and no resolution was reached.
Based upon the information available to the Company at the present time, they believe that these matters will not have a material
adverse effect upon their business or financial condition. As any liabilities
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