ST. LOUIS (Legal Newsline) – A Missouri resident alleges a supplement manufacturer uses unlawful merchandising practices regarding a product.
Christine Vitello filed a complaint on behalf of herself and all others similarly situated on June 11 in the U.S. District Court Eastern District of Missouri against Natrol LLC citing the Missouri Merchandising Practices Act and other counts.
According to the complaint, the plaintiff alleges that in June 2017, she purchased and took defendant's Cognium supplement for 30 days but no improvement in her memory or concentration was observed while taking it. The suit states the defendant advertises that nine clinical studies support its claims that the product improves memory and concentration.
"Plaintiff Vitello would not have purchased the Cognium and sustained the loss had the defendant disclosed in its box/packaging, bottle and brochure that two of the nine clinical studies had been retracted for data manipulation and fraud/fabrication," the suit states.
The plaintiff holds Natrol LLC responsible because the defendant allegedly violated the MMPA by concealing, omitting or suppressing from its advertising that at least two clinical studies were retracted for data manipulation and fabrication/falsification.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, an injunction for the defendant to stop advertising that the supplement is clinically proven, attorneys’ fees and costs, and such further and other relief the court deems reasonable and just. She is represented by Jonathan E. Fortman of Law Office of Jonathan E. Fortman LLC in Florissant, Missouri; Steve A. Miller of Steve A. Miller PC in Denver, Colorado; and John C. Kress of The Kress Law Firm LLC in St. Louis.
US District Court Eastern District of Missouri case number 4:18-cv-00915-PLC