SAN DIEGO (Legal Newsline) – The Texas manufacturer of a sports nutrition supplement product allegedly packages a powder in a container with non-functional slack-fill.
Joseph Kinder, individually and on behalf of other members of the general public similarly situated, filed a complaint on Nov. 30 in the U.S. District Court for the Southern District of California against Woodbolt Distribution LLC over allege violation of California's Consumer Legal Remedies Act and other counts.
According to the complaint, Kinder purchased the defendant's C4 Pre-Workout powder product, which is sold in opaque packaging that conceals the amount of product. The plaintiff alleges the 13.8 ounce container he purchased in November 2017 was significantly under-filled and he believed he was buying more product than he received.
The suit states a 30-serving container of the power contained approximately 66.6 percent empty space and the 60-serving container had approximately 45 percent empty space.
The plaintiff holds Woodbolt Distribution LLC responsible because the defendant allegedly deceitfully packaged its product in a container with a greater volume than the product contained inside and the packaging contained a significant amount of non-functional slack-fill.
The plaintiff requests a trial by jury, to enjoin the defendant from further deceptive advertising, award of attorneys' fees, costs, pre- and post-judgment interest, and such other relief as may be appropriate under the circumstances. He is represented by Tarek H. Zohdy, Cody R. Padgett and Trisha K. Monesi of Capstone Law APC in Los Angeles, California.
U.S. District Court for the Southern District of California case number 3:18-cv-02713-DMS-AGS