A Florida federal judge has rejected an argument by a group of class action plaintiffs that their expert’s testimony is admissible because of the Food and Drug Administration’s stance against the health benefit claims of omega-3 fatty acids.
U.S. Magistrate Judge John J. O’Sullivan, of the Southern District of Florida, already ruled that the testimony of plaintiffs expert Richard Bazinet was not admissible because Bazinet did not explain how he could extrapolate the data of five randomized controlled trials involving small subject samples to proposed classes of every purchaser of WhiteWave Foods Co.’s Horizon milk in several states. The studies involve 49 women and 658 children.
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