A class-action suit filed on Jan. 21 alleged a supplement manufacturer deceived customers by only filling one of its products halfway, but still charging a premium price.

Zabrina Collazo filed the lawsuit against Now Foods over its Now Vitamin C supplement. The lawsuit alleged the 3-pound container of the product is only approximately half full of the supplement.

The product is packaged in a white container approximately 8.6 inches high and 4.75 inches in diameter, but the supplement inside allegedly only fills approximately 4.4 inches from the bottom of the bottle.

Collazo purchased the product in New York City for $59.99 within the last year and believed the entire volume would be filled with the supplement.

The lawsuit said the product costs $1.25 per ounce, but lists other Vitamin C supplements that cost 68 to 94 cents per ounce. Since the container is only approximately half full, Collazo alleged anyone who bought the product is owed $29.39 for each container purchased.

The lawsuit seeks class status and more than $5 million in damages, plus court costs. Collazo is represented by C.K. Lee, of Lee Litigation Group, PLLC in New York City, New York.

United States District Court Eastern District of New York case number 1:15-cv-00328.

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