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Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →The Fifth Circuit did not dismiss the entire FasciaBlaster case or decide that Ashley Black had won on the merits. On January 5, 2023, it affirmed the removal of the class allegations and dismissal of most claims, but reversed the dismissal of two claims and sent the case back to the district court. The appellate opinion does not establish what happened to those claims afterward.
What did the Fifth Circuit decide?
In Elson v. Black, No. 21-20349, the Fifth Circuit reviewed a putative class action brought by fourteen women from seven states. The court held that the district court had correctly struck the class allegations and properly dismissed all but two claims. It therefore affirmed in part, reversed in part, and remanded the case for further proceedings.
That is a partial appellate victory on procedural issues—not a ruling that every claim was dismissed. Circuit Judge Edith H. Jones summarized the outcome: “We find that the district court correctly struck Plaintiffs’ class allegations and properly dismissed all but two of their claims. We thus AFFIRM in part, REVERSE in part, and REMAND this case to the district court.” Read the Fifth Circuit opinion, issued January 5, 2023.
Was the class action dismissed?
The class allegations were struck, so the case could not proceed in the form of a class action as pleaded. But the appellate ruling did not dispose of the entire lawsuit: two claims survived the appeal and were remanded. The opinion alone cannot support the broader claim that a court later dismissed those remaining claims or that the litigation is over.
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- The FasciaBlaster by Ashley Black is the #1 selling self-massage myofascial tool for massaging your tissue!
- It was designed, engineered, and manufactured by Ashley Black and can massage fascia and muscles on almost any area of the body.
- The FasciaBlaster is the most versatile and our most purchased tool.
- The larger claws allow you to push deeper into the muscle tissue with ease.
- Imagine the benefits of being able to temporarily increase blood flow to each area of your body. Give yourself a skilled fascia massage on a regular basis! Added bonus, the FasciaBlaster temporarily lessens the appearance of cellulite.
What were the plaintiffs alleging?
The opinion describes the FasciaBlaster as a two-foot stick with hard prongs, registered with the Food and Drug Administration as a massager. Purchasers were instructed to press its prongs into the skin. The plaintiffs alleged deceptive representations concerning cellulite, weight loss, pain relief, and scientific support.
Those statements describe allegations, not findings that the product did or did not produce those effects, or that its marketing was truthful or false. The Fifth Circuit’s stated pleading concerns were that the plaintiffs had not adequately specified what representations were made, when and where they were made, and who made them. That explanation addresses the sufficiency of the pleaded claims; it is not a determination of the underlying product claims.
Rank #2
- FasciaBlaster by Ashley Black originates from her overcoming a cripple childhood and a debilitating bone infection. After healing herself, she wanted to help the masses. For 20 years, she treated pro athletes and celebrities before launching the FasciaBlaster. FasciaBlasters tools are now being used by the Fascia Advancement Academy, Spas, Contouring Clinics, and Pro Training rooms. Fascia Science and FasciaBlaster techniques are offered for FREE on The Fascia App. Take your self-care game to a whole new level with our all-encompassing fascia care system. Bringing Fascia Health to the World.
- A groundbreaking company in the world of therapy and beauty, it is the first and only manual tool proven to regenerate fascia tissue in peer-reviewed and published science. FasciaBlasting is more than a temporary feel-good; it's the long game of regenerating fascia. Fascia does not respond to rolling, pounding, or vibrating. The engineering of our tools allows the penetration of myofascial tissues and triggers the remodeling effect. Science shows an increase in irisin, a decrease in inflammation, less cellulite, less subcutaneous fat and more energy, less pain, and better overall well-being.
- We are the pioneers of this industry, boasting over 75 global patents, 111 Trademarks, and 17 copyrights. With over $170M sold, FasciaBlaster is a 2x America's Fastest Growing Companies winner. Black has been awarded Inventor of the Year and A Lifetime Achievement Award in Consumer Goods. She has authored 2 #1 Best Selling books and is often the keynote speaker at medical conferences and health symposiums introducing FasciaBlaster research. Black's knowledge and techniques are improving the lives of millions. The tools may look symplectic, but the results are dramatic and beyond expectation.
- This is the perfect kit for a fascia self-care routine. Fascia, like a cake, has layers, and this kit is designed to reach all of them. The Small FaceBlaster is perfect for the top layers of skin, lymphatic system, and fat. The Original FasciaBlaster transcends into the myofascial and muscle tissue, and the nugget tip is for deep trigger points. With this kit, you can regenerate your fascia layer by layer. Use on bare skin with Blaster Oil.
- Utilty Patent Number - 10322057 Design Patent Number - D818261 D735818 D777939
Did Ashley Black win the case?
The opinion supports a narrow answer: Black prevailed on appeal against the class allegations and most claims, while two claims remained unresolved in that appellate decision. It does not establish a final merits victory or the final status of the surviving claims. A later district-court order would be needed to say whether those claims were dismissed, resolved, or otherwise concluded.
Quick Recap
Best Value
- FasciaBlaster by Ashley Black originates from her overcoming a cripple childhood and a debilitating bone infection. After healing herself, she wanted to help the masses. For 20 years, she treated pro athletes and celebrities before launching the FasciaBlaster. FasciaBlasters tools are now being used by the Fascia Advancement Academy, Spas, Contouring Clinics, and Pro Training rooms.
- A groundbreaking company in the world of therapy and beauty, it is the first and only manual tool proven to regenerate fascia tissue in peer-reviewed and published science. FasciaBlasting is more than a temporary feel-good; it's the long game of regenerating fascia.
- We are the pioneers of this industry, boasting over 75 global patents, 111 Trademarks, and 17 copyrights. With over $170M sold, FasciaBlaster is a 2x America's Fastest Growing Companies winner. Black has been awarded Inventor of the Year and A Lifetime Achievement Award in Consumer Goods. She has authored 2 #1 Best Selling books and is often the keynote speaker at medical conferences and health symposiums introducing FasciaBlaster research.
- This is our first-ever flexible FasciaBlaster. With 36 Mini claws to open the myofascial tissue and regenerate it.
- The BlasterBand makes it easy to get a rigorous blast up your entire backside in minutes and allows you to reach high hamstrings, in between shoulder blades, and lower back better than ever before.
Rank #4
- 【FASCIA RELEASE TOOL】The VEMOKY fascial massage tool, which penetrates the deep tissue of the myofascia, releases muscle tension and promotes overall health by controlling the rhythm and depth of pressure applied to the myofascia. A fascia massage tools designed for full body fasciitis, acupressure and muscle rehabilitation to accelerate muscle recovery, fascial remodeling.
- 【ANTI CELLULITE】VEMOKY Portable handheld anti cellulite massager with 21 massage contacts for large area massage in any direction, burning fat, promotes lymphatic circulation, blood circulation, helps to smooth out wrinkles, reduce cellulite, and make skin area firmer and smoother. Achieve the contouring results you want
- 【MULTIPURPOSE】Smooth pressure point massage tool that can be used with your favorite oil or cream on bare skin or directly through clothing. Suitable for different areas such as neck, shoulders, back, belly, psoas, butt, arm, palms, thigh, calf, plantar and whole body. This is a science-based physical therapy
- 【UNIQUE AND INNOVATIVE DESIGN】Fascia massage tool use a one-piece innovative design with a comfortable grip, smooth surface, no splices or seams, and a very comfortable feel on the skin. This product is clinically tested and recommended by massage therapists, beauty guru, fitness coaches, body sculpting clinics and plastic surgery professionals
- 【VEMOKY PROMISE】We offer tools and methods to improve muscle health that you can use at home, in the office, in the gym and in any other setting. If VEMOKY fascial massage tools fail to meet your expectations, please feel free to contact us and we will provide you with the best service and the most satisfactory solution
Rank #3
- FasciaBlaster by Ashley Black originates from her overcoming a cripple childhood and a debilitating bone infection. After healing herself, she wanted to help the masses. For 20 years, she treated pro athletes and celebrities before launching the FasciaBlaster. FasciaBlasters tools are now being used by the Fascia Advancement Academy, Spas, Contouring Clinics, and Pro Training rooms. Fascia Science and FasciaBlaster techniques are offered for FREE on The Fascia App. Take your self-care game to a whole new level with our all-encompassing fascia care system. Bringing Fascia Health to the World.
- A groundbreaking company in the world of therapy and beauty, it is the first and only manual tool proven to regenerate fascia tissue in peer-reviewed and published science. FasciaBlasting is more than a temporary feel-good; it's the long game of regenerating fascia. Fascia does not respond to rolling, pounding, or vibrating. The engineering of our tools allows the penetration of myofascial tissues and triggers the remodeling effect. Science shows an increase in irisin, a decrease in inflammation, less cellulite, less subcutaneous fat and more energy, less pain, and better overall well-being.
- We are the pioneers of this industry, boasting over 75 global patents, 111 Trademarks, and 17 copyrights. With over $170M sold, FasciaBlaster is a 2x America's Fastest Growing Companies winner. Black has been awarded Inventor of the Year and A Lifetime Achievement Award in Consumer Goods. She has authored 2 #1 Best Selling books and is often the keynote speaker at medical conferences and health symposiums introducing FasciaBlaster research. Black's knowledge and techniques are improving the lives of millions. The tools may look symplectic, but the results are dramatic and beyond expectation.
- The ProBlaster was named after the professional bodyworkers, "the pros," who wanted a FasciaBlaster tool that was a natural extension of their hand. The Problaster is just that; it allows for massage motion in any direction. It has small claws, which are perfect for the skin, first layer of fascia, lymphatic system, and circulatory system. The ProBlaster is intuitive, like washing with a bar of soap. It is the gentle giant, gentle enough for a baby, but with giant fascia remodeling results. The top is high-quality silicone that is easy to grip and hold. Perfect for full-body FasciaBlaster treatments.
- Utilty Patent Number - 10322057*
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
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