Ohio man alleges misrepresentation of weight-loss products

By Robbie Hargett | Jan 25, 2016

CLEVELAND (Legal Newsline) – An Ohio man is suing manufacturers and sellers of certain weight-loss supplements, alleging these products do not really contain as much of their active ingredient as the defendants represent.

Barry A. Cohen, individually and for all others similarly situated, filed a class action lawsuit Jan. 20 in U.S. District Court for the Northern District of Ohio Eastern Division against Bactolac Pharmaceutical of Happague, New York, Absolute Nutrition of Bloomfield, Connecticut, Nutritional Sciences, also of Bloomfield Gregg Scully, Alan Nathan, and John Doe corporations 1-25, alleging violations of the Racketeer Influenced and Corrupt Organizations Act, several Ohio state codes, and unjust enrichment.

The complaint states the defendants produce, distribute, advertise, label, market, and sell Garcinia cambogia weight-loss supplements, which contain hydroxycitric acid (HCA) as an active nutrient.  The suit says clinical testing of Garcinia cambogia extract has arguably confirmed modest weight-loss efficacy if the daily dose is at least 1,500 milligrams with HCA as an active ingredient.

The suit alleges the defendants represent their Garcinia cambogia product contains 50 percent or more HCA and yields 1,500 milligrams or more of HCA. However, the lawsuit says the defendants' Garcinia cambogia products do not contain 50 percent or more HCA.

As a result, the suit says, consumers including Cohen and others in the class have purchased millions of dollars' worth of the defendants' product.

Cohen and other class members seek a jury trial, more than $5 million in treble and other damages, injunctive relief, restitution and disgorgement, interests, plus attorney fees and costs. They are represented by attorney Michael L. Fine of the Law Office of Michael L. Fine in University Heights, Ohio, and by attorneys James C. Shah and Nathan C. Zipperian of Shepherd Finkelman Miller & Shah in Media, Pennsylvania and Weston, Florida.

U.S. District Court for the Northern District of Ohio Eastern Division Case number 1:16-CV-00131-DAP

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