Sharon Spungen Nov. 19, 2015, 11:59am


LOS ANGELES (Legal Newsline) – A California man is suing a global lifestyle food manufacturer alleging unfair business acts and practices for allegedly advertising its powdered beverages and ready-to-eat bars as "medical food" despite the fact that these products do not meet that definition.

William Grivas filed suit against Metagenics Inc. on Nov. 9 in the U.S. District Court for the Central District of California, citing violations of the California Business and Professions code.

Grivas claims Metagenics engaged in false labeling and deceptive practices in identifying its products as medical food, as that term is defined in the Sherman Food, Drug, and Cosmetic Law requiring that such food be specially formulated and delivered under the directions of and in accordance with the care of a physician. Because Metagenics mass-produces its food products, Grivas alleges, it cannot be a medical food under this definition and therefore any claims that it is such are groundless and false.

Further, it is alleged, the food products are available and distributed without the requirement of a physician's involvement, administered to anyone who wishes to buy it without a requirement that they have a specific medical condition, and claim to treat conditions that can be managed through normal diet practices. Grivas purports to have been harmed by his purchase of the products as a result of this claim and seeks relief for himself and all others similarly affected by the defendant's actions while defendant has enjoyed success and enrichment at the same time.

Grivas demands a jury trial, claims that the amount in dispute exceeds $5,000,000, and seeks restitution and costs, among other remedies. He is represented by attorneys Kirk B. Hulett of Hulett Harper Stewart, LLP of San Diego; Alex Tomasevic of Nicholas and Tomasevic LLP of San Diego; and Michael T. McColloch of McColloch Law Firm from Encinitas.

U.S. District Court for the Central District of California case number 8:15-cv-01838-JLS-DFM

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