213150P.pdf   10/06/2022  Christine Vitello  v.  Natrol, LLC
   U.S. Court of Appeals Case No:  21-3150
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Kelly, Circuit Judge, and Menendez, 
   District Judge] 
   Civil case - Missouri Merchandising Practices Act. Plaintiff, who 
   purchased defendant's memory aid product "Cognium," alleged defendant 
   violated the MMPA by failing to disclose the retraction of two of the nine 
   clinical studies defendant claimed supported Cognium's advertised memory 
   and cognition benefits; the issue was whether plaintiff suffered an 
   ascertainable loss of money or property when she failed to experience the 
   benefits; at the time of the transaction, plaintiff was aware that Cognium 
   was not meant to serve as a substitute for the physician-prescribed 
   Adderall she had been using to treat her ADD; since plaintiff never 
   bargained for Cognium as a replacement for Adderall, she cannot have lost 
   that purported benefit when Cognium failed to do something it had never 
   purported to be able to do; the actual value of Cognium she purchased, and 
   the value of Cognium without defendant's alleged marketing 
   misrepresentatio,n was the same - zero; unjust enrichment claim rejected.