SAN FRANCISCO (Legal Newsline) — A California consumer is suing an herbal supplement distributor, alleging breach of warranties and false advertising.
Nicholas Jaber of Alameda, California, filed a class action complaint Oct. 19 in U.S. District Court for the Northern District of California against BPI Sports LLC, Image Sports LLC, and Be Powerful LLC, alleging violations of the California Consumer Legal Remedies Act and False Advertising Law.
According to the complaint, Jaber has suffered economic injury for purchasing the defendants' Ultra Concentrated Garcinia due to the defendants' claim the product will help him lose weight and suppress or control his appetite.
The plaintiff alleges the defendants distributed, marketed, and sold Ultra Concentrated Garcinia and falsely said it supports appetite control and weight loss and has failed to implement remedial measures.
Jaber seeks trial by jury and orders declaring this a proper class action; appointing plaintiff and his counsel as class representatives; compelling defendants to conduct a corrective advertising campaign; requiring defendants to pay restitution; and any further relief the court deems necessary. He is represented by attorney Paul K. Joseph of The Law Office of Paul K. Joseph PC in San Diego.
U.S. District Court for the Northern District of California Case number 4:16-cv-05355