August Term, 2023 Argued: May 2, 2024 Decided: August 16, 2024

No. 23-642 ____________________

THEDA JACKSON-MAU, on behalf of herself and others similarly situated,

Plaintiff-Appellant,

v.

WALGREEN CO. and INTERNATIONAL VITAMIN CORPORATION,

Defendants-Appellees. ____________________ Before: JACOBS, SACK and SULLIVAN, Circuit Judges.

A consumer of a glucosamine-based dietary supplement brought a putative class action lawsuit against the supplement’s manufacturer (International Vitamin Corporation) and retailer (Walgreen Co.) under New York law. The complaint alleged that the supplement was mislabeled because it contained a different formulation of glucosamine than the one displayed on the front of the label and disclosed as the main ingredient on the side. The United States District Court for the Eastern District of New York (Block, J.) granted summary judgment for the defendant