WHITE PLAINS, NY (Legal Newsline) – A consumer claims a brand of protein powder is packed with nonfunctional slack-fill.
Courtney Ross, on behalf of herself and others similarly situated, filed a complaint on Jan. 23 in the U.S. District Court for the Southern District of New York against Coexist Nutrition LLC and Co.Exist Nutrition Corp. for alleged violation of the New York Deceptive and Unfair Trade Practices Act.
According to the complaint, the defendants package and sell their 14.82 ounce 22 Days Nutrition Plant Power Protein Powder supplement in a cylindrical container that contains 56 percent slack-fill, most of which is nonfunctioning.
As a result, the plaintiff alleges she and class members were injured because they paid for less product that what the defendants represented.
The plaintiff holds Coexist Nutrition LLC and Co.Exist Nutrition Corp. responsible because the slack-fill in the defendants' packaging allegedly is false advertising.
The plaintiff requests a trial by jury and seeks judgment for compensatory, statutory and other damages, pre- and post-judgment interest, attorneys' fees, costs and such other relief as the court may deem just and proper. She is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC in New York.
U.S. District Court for the Southern District of New York case number 7:18-cv-00587-NSR