EAST ST. LOUIS, Ill. (Legal Newsline) — Two Illinois customers are suing bodybuilding supplement manufacturers, alleging unfair, deceptive and misleading business practices.
Gherson Tovar of Waterloo and Larry Wiegand of Red Bud filed a class action lawsuit, individually and on behalf of all others similarly situated, Sept. 15 in U.S. District Court for the Southern District of Illinois against NBTY Inc. and United Nutrition Inc., alleging violation of the Illinois Consumer Fraud And Deceptive Business Practices Act.
According to the complaint, Tovar and Wiegand purchased the Body Fortress 100 percent Pure Glutamine Powder dietary supplement. As a result, the suit says they have been injured financially for paying a premium price for a product that is not what it is represented to be and for ingesting a product with absolutely no value or benefit.
The plaintiffs allege the defendants falsely said their product is the "ultimate recovery fuel” and it “assists recovery from workouts" when this is not the case.
Tovar and Wiegand seek trial by jury, an order certifying this is a proper class action and designating the plaintiffs as class representatives and their counsel as class counsel, enjoining the defendants from engaging in the unlawful conduct, all damages, attorney fees and litigation costs, plus all other relief as is just.
They are represented by attorneys Matthew H. Armstrong of Armstrong Law Firm LLC in St. Louis; by Nick Suciu III of Barbat, Mansour & Suciu PLLC in Bloomfield Hills, Michigan; and by Stuart L. Cochran of Steckler Gresham Cochran in Dallas.
U.S. District Court for the Southern District of Illinois Case number 3:16-cv-01037