CHICAGO (Legal Newsline) – A Connecticut company's drink mix and snack bars do not enhance performance as advertised, a consumer alleges.
Kevin McCann filed a complaint on behalf of himself and all others similarly situated on July 11 in the U.S. District Court for the Northern District of Illinois, Eastern Division against The UCAN Co. alleging violations of state consumer fraud acts and the Illinois Consumer Fraud Act.
According to the complaint, the plaintiff alleges that in May, he bought defendant's Generation UCAN SuperStarch Drink Mix relying on defendant's labeling representations that the product would sustain energy, optimize performance and enhance fat burn. He alleges laboratory tests and peer-reviewed research demonstrates that the products do not enhance performance and actually impair performance because of gastrointestinal distress.
The plaintiff holds The UCAN Co. responsible because the defendant allegedly made false promises and misrepresentations about their products.
The plaintiff requests a trial by jury and seeks an order certifying the class and appointing plaintiff as class representative and his attorneys as class counsel, compensatory damages, punitive and/or exemplary damages, attorneys' fees, filing fees and costs of this suit. He is represented by Joseph J. Siprut of Siprut PC in Chicago, Illinois; Nick Suciu III of Barbat, Mansour & Suciu PLLC in Bloomfield Hills, Michigan; and Jason J. Thompson and Rod M. Johnston of Sommers Schwartz PC in Southfield, Michigan.
U.S. District Court for the Northern District of Illinois, Eastern Division case number 1:18-cv-04769