CHICAGO (Legal Newsline) – An Illinois man is suing the manufacturers and sellers of Synedrex, a dietary supplement, over allegations they misrepresented the nature and quality of Synedrex.
Joshua DeBernardis, individually and for all others similarly situated, filed a class-action lawsuit on Dec. 1 in the Eastern Division of the Northern District of Illinois against Metabolic Nutrition and IQ Formulations, alleging violations of state consumer fraud acts, unjust enrichment and breach of express warranty.
Synedrex's label states it is a "powerful stimulant weight loss solution" and a "high potency thermogenic," and that it provides "extreme energy." The suit states that to deliver on these claims, the defendants add to Synedrex a powerful and illegal stimulant, MethylPentane Citrate, commonly known as DMBA.
The suit alleges DMBA is a "new dietary ingredient" (NDI), and as such, its information must be provided to the FDA, which then determines whether the ingredient is reasonably safe or should be prevented from being marketed.
The defendants allegedly did not provide the FDA with the required NDI notification for DMBA, making Synedrex's product label misleading, the suit alleges.
DeBernardis and others in the class seek damages of more than $5 million, including punitive and statutory damages, interests, attorney fees, and litigation costs. They are represented by attorney Joseph J. Siprut of Siprut PC in Chicago, Illinois, and by attorney Nick Suciu, III of Barbat Mansour & Suciu in Detroit, Michigan.
Eastern Division of the Northern District of Illinois Case number 1:15-CV-10808