The plaintiffs’ expert in a proposed consumer protection class action over milk should be struck because his testimony is not reliable, a federal judge has ruled.
U.S. Magistrate Judge John O’Sullivan of the Southern District of Florida granted WhiteWaves Foods Company’ motion to strike or exclude the testimony of Richard Bazinet, an expert in nutritional neuroscience and the plaintiffs’ general causation witness. WhiteWaves makes milk products, including Horizon organic milk, that are fortified with DHA Omega-3 derived from algae. The products are labeled with the claim that they support “brain health” and support “a healthy brain.”
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