SACRAMENTO, Calif. (Legal Newsline) – A California consumer has filed a class action lawsuit over the claims on a dietary supplement.
Megan Kiihne filed a complaint on behalf of herself and the general public on July 27 in Placer County Superior Court in California against NBTY Inc. and Nature's Bounty Inc. alleging violation of the Consumer Legal Remedies Act and other counts.
According to the complaint, the plaintiff purchased the defendant's 500 milligram Mega Dose Niacin supplement. She alleges the defendants' product contains more than amount of niacin recommended for the average person and that the defendants fail to mention any adverse side effects associated with excessive consumption.
The plaintiff holds NBTY Inc. and Nature's Bounty Inc. responsible because the defendants allegedly misled and deceived the general public into purchasing the product.
The plaintiff seeks to enjoin the defendants and order them to engage in a corrective advertising campaign, all legal fees and any other relief as the court deems just. She is represented by Patricia N. Syverson and Manfred P. Muecke of Bonnett, Fairbourn, Friedman & Balint PC in San Diego.
The defendant removed the case to the U.S. District Court for the Eastern District of California on Aug. 4.
U.S. District Court for the Eastern District of California case number 2:17-cv-01621-WBS-AC