SAN FRANCISCO (Legal Newsline) – A class action plaintiff alleges a biotin supplement alleged to support healthy hair, skin and nails does not perform as advertised.
Erin Finnegan, on behalf of herself and all others similarly situated, filed a complaint on Sept. 25 in the U.S. District Court for the Northern District of California against Church & Dwight Co. Inc. allege violation of the Unfair Competition Law and Consumers Legal Remedies Act.
According to the complaint, the plaintiff alleges that on Aug. 31, she purchased a bottle of the defendant's Vitafusion Extra Strength Biotin Gummies for $14 and claims the product could not provide the represented health benefits as advertised for hair, skin and nails support.
She alleges the supplement's dose of 5,000 mcg "is superfluous and unneeded and will not and does not support healthy hair, skin and nails," the suit states.
She alleges that had she known about the defendant's purported misrepresentations, she would not have purchased the product.
The plaintiff holds Church & Dwight Co, Inc. responsible because the defendant allegedly used fraudulent business acts or practices and false or misleading advertising, failed to rectify the problems associated with the product and failed to give notice to all affected consumers.
The plaintiff seeks award injunctive relief, order to correct the advertising campaign, award of attorneys' fees, costs and such further relief as may be just and proper. She is represented by Patricia N. Syverson and Manfred P. Muecke of Bonnett, Fairbourn, Friedman & Balint PC in San Diego; Elaine A. Ryan and Carrie A. Laliberte of the same firm in Phoeniz; and Stewart M. Weltman and Michael Chang of Siprut PC in Chicago.
U.S. District Court for the Northern District of California case number 4:17-cv-05538-DMR