BROOKLYN (Legal Newsline) – A group of consumers allege a dietary supplement contains toxic ingredients and is deceptively marketed.
Charles Copley, Humberto Garcia, Luz Angelina Garcia, et al. filed a complaint on Jan. 26 in the U.S. District Court for the Eastern District of New York against Bactolac Pharmaceutical Inc.; Naturmed Inc., doing business as Institute for Vibrant Living; Independent Vital Life LLC; HKW Capital Partners III LP; and William D. Ruble alleging violation of the Arizona Consumer Fraud Act, fraudulent concealment and other counts.
According to the complaint, the defendants manufacture and sell All Day Energy Greens, which they market as an all-natural energy drink that would increase energy and improve digestion. The plaintiffs allege these claims are "a sham," the suit states, and that the dietary supplement is a "dangerous mixture that resulted in serious illness and/or death among those who consumed it." The suit states the product was recalled in March 2016 because bacteria and other contaminations not listed on the product label caused gastrointestinal distress with consumers.
The plaintiffs holds the defendants responsible because the defendants allegedly knew that their supplements contained toxic and harmful substances and continued to market and distribute said product for two years without interruption.
The plaintiffs request a trial by jury and seek actual damages, punitive damages, statutory damages, exemplary damages, equitable relief, restitution, disgorgement, court costs and any further relief this court grants. They are represented by James J. Bilsborrow and Peter Samberg of Weitz & Luxenberg PC in New York.
U.S. District Court for the Eastern District of New York case number 2:18-cv-00575-LDW-AYS