SAN FRANCISCO (Legal Newsline) - Two women filed a class action lawsuit against Wal-Mart Stores, Inc. on Feb. 4, alleging unfair competition, false advertising and unfair trade practices related to the sale of herbal supplements.
Mercedes Taketa, of Livermore, Calif., and Michelle Fine, of Cooper City, Fla., alleged the labeling on the generic brand name Spring Valley Brand Gingko Biloba and St. John’s Wort supplments, which are sold at Walmart, do not improve emotional balance and "mood" health as advertised on their labeling.
The plaintiffs also alleged that the supplements do not actually contain any Gingko Biloba or St. John’s Wort, and are adulterated with harmful substances.
The suit was filed during the same week that the New York Attorney General's Office requested that Wamart stop selling the supplements.
Arguing that the herbal ingredients’ supposed benefits are unproven, Taketa and Fine seek a corrective advertising campaign, restitution, damages in the amount of the actual cost to consumers, attorneys fees and costs.
The plaintiffs and proposed class are represented by Ronald Marron and Skye Resendes, of the Law Offices of Ronald A. Marron, APLC, in San Diego.
U.S. District Court for the Northern District of California case No. 4:15-cv-00542