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Consumers accuse Vital Pharmaceuticals of false advertising


By Noddy A. Fernandez | Oct 31, 2018

CHICAGO — Vital Pharmaceuticals faces a class-action lawsuit over alleged breach of express warranty, false advertisement and unjust enrichment.

Terrell Barker, individually and on behalf of all others similarly situated, filed a complaint on Oct. 12, in the U.S. District Court for the Northern District of Illinois, against Vital Pharmaceuticals Inc., doing business as VPX Sports, for alleged violation of the Illinois Consumer Fraud Act.

Terrell Barker and class members purchased defendant's products as they were prominently advertised to contain "creatine, branched chain amino acids and co-enzyme Q10" that were potent and effective. 

However, the defendant is accused of marketing products in a systematically misleading manner by misrepresenting that products contain ingredients that they do not in fact contain. The defendant also is accused of claiming ingredients are potent, when in fact they are present, if at all, in doses so low as to be ineffective. 

The plaintiff holds Vital Pharmaceuticals responsible because the defendant allegedly breached express warranties about the products and their qualities because statements about the products were false and the products do not conform to the affirmations and promises.

The plaintiff requests a trial by jury and seeks injunctive and declaratory relief, award of economic and compensatory damages, actual and punitive damages, attorneys' fees, reimbursement of all costs, and for such other and further relief as the court deems just and appropriate. 

He is represented by Jonathan Shub and Kevin Laukaitis of Kohn, Swift & Graf, PC in Philadelphia.

U.S. District Court for the Northern District of Illinois Case number 1:18-cv-06898

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KOHN, SWIFT & GRAF, P.C U.S. District Court for the Northern District of Illinois

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