Legal Newsline

Tuesday, December 10, 2019

Consumer files suit against supplement manufacturer

By Carol Ostrow | Feb 17, 2015

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A California woman filed suit this month against a nutritional supplement manufacturer on claims of breach of express and implied warranty, violation of trade and advertising law, and negligence.

Heather Schourup brought a class-action complaint against Private Label Nutraceuticals, LLC dba Maritzmayer Laboratories, of Roswell, Georgia, in the United States District Court, Central District of California, on Feb. 12.

According to the suit, Schourup and others purchased a green coffee bean extract manufactured by the defendant. This product, according to court papers, has become popular as a weight-loss supplement. The complaint alleges that the defendants misrepresented their product via marketing, advertising, labeling and other forms of promotion; specifically, that the product contains few, if any, of the ingredients supposedly responsible for the advertised health benefits and that the defendant knowingly concealed this. 

Moreover, the plaintiff alleges that the product actually contains contaminants in the form of a sugar compound. Arguing that she did not receive the product for which she paid, and that she would not have purchased the supplement had she been informed of the contents, the plaintiff seeks injunctive relief and corrective advertising; restitution; and compensation for attorney’s fees, expenses and costs. 

She is represented by Marcus Bradley and Kiley Grombacher of Marlin & Saltzman, Agoura Hills, California; and Ronald Hartmann and Kurt Kananen of Hartmann & Kananen, Westlake Village, California. The case number is 2:15-cv-01026-TJH-AJW

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