SAN DIEGO (Legal Newsline) – Two consumers have filed a class action lawsuit against the manufacturer and the trademark owner of DietWorks products alleging that one product is falsely advertised.
Renee Shoaf and Pamela Parra, on behalf of themselves, all others similarly situated and the general public filed a complaint on Aug. 21 in the Superior Court of the State of California, San Diego County against Vitaquest Intl. LLC and Windmill Health Product LLC alleging violation of California False Advertising Law, Unfair Competition Law and Federal Food, Drug, and Cosmetic Act.
According to the complaint, the plaintiffs allege that they and the class purchased the defendants' DietWorks Garcinia Cambogia, a weight loss and dietary aid whose purportedly active ingredient is hydroxycitric acid. The plaintiffs allege this ingredient has been "scientifically proven" to be ineffective in aiding weight loss or reducing body fat.
The plaintiffs allege the defendants advertised their product in a manner that is untrue and misleading, omitted material information from its advertising and profited from the sale of a falsely and deceptively advertised product to unwary consumers.
The plaintiffs request a trial by jury and seek an order for the defendants to conduct correct advertising campaign, pay actual and punitive damages, award of attorneys' fees, costs and any other further relief that the court deems necessary, just or proper. They are represented by Paul K. Joseph of The Law Office of Paul K. Joseph PC in San Diego, California.
The defendant removed the case to the U.S. District Court for the Southern District of California on Sept. 29
Superior Court of the State of California Case number 3:17-cv-02007-GPC-BLM