SAN FRANCISCO (Legal Newsline) – Consumers have filed a class action lawsuit in California against a retail sales company over allegations of false and misleading marketing.
Darcey L. Sharpe, Mary Ludolph-Aliaga, Jay D. Werner and Eva Krueger filed a complaint on behalf of all others similarly situated in October in Mendocino County Superior Court against
Puritan's Pride Inc., NBTY Inc. and Does 1 through 10, alleging violation of the Consumer Legal Remedies Act, unfair competition and other counts.
According to the complaint, the plaintiffs allege that they suffered damages from purchasing a product with the promise that they will get a "free" Puritan's pride product. The plaintiffs hold Puritan's Pride Inc., NBTY Inc. and Does 1 through 10 responsible because the defendants allegedly misled consumers by promising a free product should they purchase a Puritan's Pride branded product when the cost of the free product is actually built into the product's price.
The plaintiffs request a trial by jury and seek injunctive relief, disgorgement of gains, compensatory and other damages, interest, court costs and any further relief the court grants. They are represented by Tina Mehr of Vision Legal Inc. in Long Beach, California, and by Travis Hodgkins of Civil Justice Law PC in Los Angeles.
The defendant removed the case to U.S. District Court for the Northern District of California on Nov. 21.
U.S. District Court for the Northern District of California
Case number 1:16-cv-06717-NJV