SAN FRANCISCO (Legal Newsline) – A California resident and a New York consumer are challenging the health claims of an energy bar maker over allegations the bars have a high sugar content.
Howard Clark and Michael Sims filed a complaint on behalf of themselves, those similarly situated and the general public on Sept. 30 in the U.S. District Court for the Northern District of California against Perfect Bar LLC alleging violation of California's Unfair Competition Law and other counts.
According to the complaint, the plaintiffs allege that the defendant markets its energy bars as having "nutritious qualities" and that consumers can "eat healthy wherever you are." The plaintiffs allege the defendant's bars are "loaded with added sugar" and that it "regularly and intentionally omits material information regarding the amount and dangers of the added sugars in its products."
They allege they would not have purchased the products had they known the truth about the health impacts of consuming the products.
The plaintiffs hold Perfect Bar LLC responsible because the defendant allegedly profited from its sale of the falsely, deceptively and unlawfully advertised bars to consumers.
The plaintiffs request a trial by jury and seek an order compelling defendant to conduct a corrective advertising campaign; restitution, actual, compensatory, statutory, and punitive damages; attorneys’ fees and costs; and any other and further relief that the court deems necessary, just, or proper.
They are represented by Paul K. Joseph of The Law Office of Paul K. Joseph PC in San Diego and Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of The Law Office of Jack Fitzgerald PC in San Diego.
U.S. District Court for the Northern District of California case number 3:18-cv-06006-WHA