SAN FRANCISCO (Legal Newsline) – Two California consumers allege they were deceived by the health benefit representations of a supplement.
Eugene Anthony and Amanda Holt, on behalf of themselves and all others similarly situated, filed a complaint on May 4 in the U.S. District Court for the Northern District of California against Pharmavite LLC citing the Unfair Competition Law.
According to the complaint, the plaintiffs allege that they purchased defendant's Nature Made biotin supplements based on the products' claims that they may help support healthy hair, skin and nails. The plaintiffs claim that the human body only requires a finite amount of biotin on a daily basis and that the general population has "more than adequate, if not excessive, amounts of biotin derived from their diet and recycling."
The suit states one of the defendant's products contain more than 83 times of the amount of adequate intake needed, so "for the general population the biotin products sold by the defendant are unneeded, superfluous and will not provide any benefits, let alone support healthy hair, skin and nails."
As a result, they allege they have suffered injury in fact and lost money as a result of their purchases of the biotin products as they do not provide what was advertised.
The plaintiffs hold Pharmavite LLC responsible because the defendant allegedly made health benefit representations that are false, misleading and reasonably likely to deceive the general public.
The plaintiffs request a trial by jury and seek award of injunctive relief, attorneys' fees, costs, and provide such further relief as may be just and proper. They are represented by Patricia N. Syverson and Manfred P. Muecke of Bonnett, Fairbourn, Friedman & Balint PC in San Diego.
U.S. District Court for the Northern District of California case number 3:18-cv-02636-MEJ