GNC 2010 Annual Report Download - page 41

Table of Contents
• Andrew Nolley v. Muscletech Research and Development, et al., U.S. District Court, Northern District of Mississippi, 09CV140 (filed
December 18, 2009);
• Kerry Donald v. Iovate Health Sciences Group, et al., Supreme Court of the State of New York, Kings County (filed January 22,
2010);
• Casey Slyter v. GNC Corporation, et al., U.S. District Court, District of Kansas, 10CV2065 (filed January 29, 2010); and
• Debra Rutherford, et al. v. Muscletech Research and Development, Inc., U.S. District Court, Northern District of Alabama, 10CV370
(filed February 19, 2010).
Plaintiffs in the Owens and Stasiak cases dismissed those cases without prejudice in June 2009. Plaintiff Perez filed a Notice of Non-suit
without prejudice which was granted by court order on November 18, 2009. Plaintiff Noyola amended the original complaint in December 2009
and did not identify GNC as a defendant.
The following six putative class actions generally include claims of consumer fraud, misrepresentation, strict liability, and breach of
warranty:
• Andrew Dremak, et al. v. Iovate Health Sciences Group, Inc., et al., U.S. District Court, Southern District of California, 09CV1088
(filed May 19, 2009);
• Enjoli Pennier, et al. v. Iovate Health Sciences, et al., U.S. District Court, Eastern District of Louisiana, 09CV3533 (filed May 13,
2009);
• Alejandro M. Jimenez, et al. v. Iovate Health Sciences, Inc., et al., U.S. District Court, Eastern District of California, 09CV1473 (filed
May 28, 2009);
• Amy Baker, et al. v. Iovate Health Sciences USA, Inc., et al., U.S. District Court, Northern District of Alabama, 09CV872 (filed
May 4, 2009);
• Kyle Davis and Sara Carreon, et al. v. Iovate Health Sciences USA, Inc., et al., U.S. District Court, Northern District of Alabama,
09CV896 (filed May 7, 2009); and
• Lenny Charles Gunn, Tonya Rhoden, and Nicholas Atelevich, et al., v. Iovate Health Sciences Group, Inc., et al., U.S. District Court,
Southern District of California, 09CV2337 (filed October 24, 2009).
By court order dated October 6, 2009, the United States Judicial Panel on Multidistrict Litigation consolidated pretrial proceedings of many of
the pending actions (including the above-listed GNC class actions) in the Southern District of California (In re: Hydroxycut Marketing and Sales
Practices Litigation, MDL No. 2087). Any liabilities that may arise from these matters are not probable or reasonably estimable at this time.
Bedell Claim. On May 1, 2009, plaintiff Eugene Bedell, Jr. filed a personal injury complaint against, among others, General Nutrition
Centers, Inc. and GNC Corporation, in Circuit Court of Loudoun County, Virginia. Plaintiff alleges that his use and consumption of a non-GNC
product called "Nitro T3" caused him to have a stroke. Plaintiff makes certain allegations regarding the risks of using and consuming Nitro T3
and GNC's alleged failure to warn consumers of those risks. Plaintiff seeks unspecified monetary damages. Under its purchasing agreement
with the vendor, WellNx, GNC tendered the matter to WellNx for defense and indemnification. WellNx has accepted GNC's request for defense
and indemnification. Any liabilities that may arise from this matter are not probable or reasonably estimable at this time.
Chen Claim. On April 30, 2009, plaintiff Yuging "Phillis" Chen filed a Third Amended Complaint against, among others, Nutra
Manufacturing, Inc., in the Superior Court of California for the County of Los Angeles. Plaintiff alleges that her use and consumption of various
products, including Mega Garlic Plus and Herbalifeline, manufactured by Nutra Manufacturing, caused personal injuries. Plaintiff asserts,
among other things, claims for strict liability, negligence, and fraud, and seeks unspecified monetary damages. Any liabilities that may arise
from this matter are not probable or reasonably estimable at this time. 35