Philip Gonzales Aug. 25, 2016, 1:50pm


SAN DIEGO (Legal Newsline) — Two consumers are suing nutritional supplements manufacturers, alleging false advertising.

Matthew Gates of California and Carlos Solis of New York filed a class action lawsuit, individually and on behalf of all others similarly situated, Aug. 18 in U.S. District Court for the Southern District of California against NBTY, Inc. and United States Nutrition, Inc., alleging violation of the California’s Consumer Legal Remedies Act.

According to the complaint, Gates and Solis purchased the defendants’ nutritional supplement product and expected to receive full containers of that product. They were disappointed, the suit says, when they learned the containers had more than 37 percent empty space, or were slack-filled, and that they had paid a price premium for the products due to the defendants’ misrepresentations. 

The plaintiffs allege the defendants packed and sold the products in non-transparent containers that contained different net weights and engaged in a scheme of offering mis-branded products for sale.

Gates and Solis seek trial by jury, certifying this complaint as a class action and appointing the plaintiffs as class representative, compensatory damages, pre- and post-judgment interest, and all other relief the court deems proper. They are represented by attorneys Andrei Armas and Abbas Kazerouni of Kazerouni Law Group APC in Costa Mesa, California, and by Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates in New York.

U.S. District Court for the Southern District of California Case number 3:16-cv-02090

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U.S. District Court for the Southern District of California San Diego Division
221 West Broadway
San Diego, CA 92101

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