NEWARK, N.J. (Legal Newsline) – A New Jersey man is suing a wellness products company and one of its principals over claims they misrepresent one of their nutritional supplements.
Raphael M. Rosenblatt, individually and for all others similarly situated, filed a class-action lawsuit Jan. 8 in Superior Court of New Jersey against The Nuplexa Group and Dr. Dennis Black, alleging violations of the New Jersey Consumer Fraud Act and unspecified federal regulations promulgated by the U.S. Food and Drug Administration (FDA).
The suit states the defendants advertise that one daily dose of their Texas Superfood Select nutritional supplement capsules "delivers the vitamins, enzymes, and micronutrients contained in a healthful intake of raw fruits and vegetables."
The suit alleges these claims are untrue, and that the defendants' product has not been approved by the FDA for its claimed or intended purpose.
Rosenblatt and others in the class seek treble damages, interests, fees and costs, attorney fees and civil penalties. Plaintiff Rosenblatt, of Rosenblatt Law PC in Hackensack, New Jersey, is representing himself and the putative class.
The defendant is represented by Ashton E. Thomas of the Law Office of Ashton E. Thomas in Elizabeth, New Jersey.
The defendant filed to transfer the case to federal court on Feb. 25 because minimum diversity exists among the parties, the amount in controversy exceeds $5 million, and the number of putative class members exceeds 100.
U.S. District Court for the District of New Jersey Case number 2:16-CV-01064-ES-MAH