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California Civil Procedure, Keyed to Levine, 6th Ed.
In re Steroid Hormone Product Cases
Citation:
181 Cal. App. 4th 145, 104 Cal. Rptr. 3d 329 (2010)Facts
Diego Martinez purchased over $2,500 worth of products containing androstenediol from General Nutrition Companies, Inc. (GNC) between 1999 and 2004. Androstenediol was classified as a Schedule III controlled substance under California law throughout this period, making it illegal to sell or possess without a prescription pursuant to California Health and Safety Code sections 11377 and 11379. GNC sold these products as over-the-counter nutritional supplements without requiring prescriptions and without notifying customers that the products contained a controlled substance. In September 2003, California’s Attorney General sent GNC a letter informing them that androstenediol was an anabolic steroid under California law and that possession, import, or sale constituted a criminal offense. Despite this notice, GNC continued selling androstenediol products until March 2004. Martinez declared he would not have purchased these products had he known they were illegal to possess without a prescription.
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