A federal judge has upheld the exclusion of an expert witness in class actions alleging that WhiteWave Foods Co. misleadingly claims its Horizon milk is infused with an Omega-3 fatty acid that helps brain health.
U.S. District Joan Lenard of the Southern District of Florida agreed with U.S. Magistrate Judge John O’Sullivan’s order excluding the testimony of Richard Bazinet, an expert in nutritional neuroscience. Lenard said O’Sullivan had not misapplied a court rule, case law or a statute.
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