NEWARK, N.J. (Legal Newsline) – A New Jersey man is suing a mushroom supplements producer over claims it falsely advertises one of its products as able to cure brain disease.
Harold M. Hoffman, individually and for all others similarly situated, filed a class-action lawsuit Jan. 19 in the Superior Court of New Jersey against Mushroom Wisdom, alleging violations of the New Jersey Consumer Fraud Act.
The suit states that Mushroom Wisdom markets, advertises, promotes, distributes and sells a dietary supplement known as Amyloban3399.
Mushroom Wisdom allegedly promotes the product as effective in the cure, mitigation, treatment or prevention of brain disease, including Alzheimer's disease.
The suit alleges Mushroom Wisdom's claims about the product are unsubstantiated and violate federal law, which prohibits the sale of all unapproved and uncleared products, including Amybolan, for the diagnosis, mitigation, prevention, treatment or cure of any disease.
Hoffman and others in the class seek treble damages, interests, attorney fees and other court costs. Hoffman is representing himself and the putative class.
The defendant filed to transfer the case to federal court because the plaintiff's claims arise under federal laws and there is diversity jurisdiction under the Class Action Fairness Act of 2005.
It is represented by Richard D. Kraus of Hackensack, New Jersey and Peter A. Arhangelsky of Emord & Associates of Chandler, Arizona.
U.S. District Court for the District of New Jersey Case number 2:16-CV-00768-WJM-MF