LOS ANGELES (Legal Newsline) – Several women who paid almost $90 for a product that claims to eliminate cellulite allege it causes bruises and does not provide the benefits advertised.
Sharon Dalton, Allyson McCarthy, Sheila Smith, Mary Dennis, Kelli Frederick and Joey Campbell filed a complaint on behalf of all others similarly situated on Jan. 23 in the U.S. District Court for the Central District of California against Ashley Black Co., Ashley Black, ADB Innovations LLC, et al. citing the Magnuson-Moss Warranty Act, California's False Advertising Law and other counts.
According to the complaint, the plaintiffs purchased the defendants' FasciaBlaster product, which is described as a "2-foot stick with hard prongs attached to it, which sells for $89."
"Purchasers are instructed by defendants to grind the FasciaBlaster’s prongs into their bodies to the point of bruising to achieve numerous miraculous health benefits including the 'elimination of cellulite,' 'better nerve function' and 'chronic pain relief,'" the suit states.
The plaintiffs allege these claims are "baseless and false."
The plaintiffs request a trial by jury and seek monetary damages, treble damages, injunctive relief against the defendant, punitive damages, court costs and any further relief the court grants. They are represented by David R. Shoop and Thomas S. Alch of Shoop in Beverly Hills, California; Jason P. Sultzer, Adam Gonnelli and Jeremy Francis of The Sultzer Law Group PC in Poughkeepsie, New York; Bonner C. Walsh of Walsh PLLC in Grangeville, Indiana; and Jeffrey Brown of Leeds Brown Law in Carle Place, New York.
U.S. District Court for the Central District of California case number 2:18-cv-00582-ODW-RAO