LOS ANGELES (Legal Newsline) – A consumer alleges that a supplement marketed to men does not work as advertised.
Ryan Vigil filed a complaint on behalf of all others similarly situated on Oct. 17 in the Superior Court of California against
Applied Nutrition Inc./Irwin Naturals
alleging violations of California business and professions codes and other counts.
According to the complaint, the plaintiff alleges that he was misled into buying defendant's product Libido-Max for its claims to be able to provide several sexual health benefits, but scientific evidence
demonstrated that it does not perform as well as advertised.
The plaintiff requests a trial by jury and seeks award damages to plaintiff and the class, restitution and disgorgement, all damages, order the defendant to engage in a corrective advertising campaign, court costs and any further relief the court grants. He is represented by Todd D. Carpenter of Carpenter Law Group in San Diego and James R. Patterson of Patterson Law Group in San Diego. The defendant is represented by Call & Jensen in Newport Beach, California.
The defendant filed to remove the case to the U.S. District Court for the Central District of California on June 9 on the grounds that the proposed class is larger than 100 members and the amount in controversy is more than $5 million.
U.S. District Court for the Central District of California
Case number 2:16-cv-04103-JAK-JC