RIVERSIDE, Calif. (Legal Newsline) – A Brand Partner of a multi-level marketing company that sells anti-aging skincare and wellness products alleges the company does not sell Launch Kits to partners at cost as represented.
Kimberly Gerdo filed a complaint on behalf of herself and other persons similarly situated on July 13 in the U.S. District Court for the Central District of California, Eastern Division against Nerium International LLC, Jeff Olson and Does 1-25 alleging fraud and deceit, negligent misrepresentation and other counts.
According to the complaint, the plaintiff is suing on behalf of a class of people who purchased a Nerium Brand Partner Launch Kit since January 2010. She alleges Nerium represented to her that if she became a Brand Partner, she would build a "dream lifestyle" and "could be financially independent by virtue of selling Nerium's 'age-defying' creams." The suit states she became a Brand Partner in 2013 and purchased a Launch Kit for $499.95, canceled the account later and again became a partner in January and purchased another kit at the same price.
She alleges the defendants market that the Launch Kits are sold to partners "at company cost," but she states the kits are sold at a substantial profit to both the defendants. She alleges she and the proposed class were harmed by the inflated purchase price.
The plaintiff holds Nerium International LLC, Jeff Olson and Does 1-25 responsible because the defendants allegedly misrepresented the actual value of the Brand Partner Start Kits.
The plaintiff requests a trial by jury and seek judgment against defendants; certify class action; appoint class counsel; award equitable relief; actual, compensatory, punitive and treble damages; disgorgement; interest, attorney's fees; costs of suit; and other relief as the court deems just. She is represented by James G. Bohm, Klaus Heinze, and Christopher J. Green of Bohm Wildish & Matsen LLP in Costa Mesa, California.
The defendants removed this action from the Riverside County Superior Court to the U.S. District Court for the Central District of California, Eastern Division on Aug. 28.
U.S. District Court for the Central District of California, Eastern Division case number 5:18-cv-01834