SAN DIEGO (Legal Newsline) – A San Diego consumer alleges a pharmacy chain's brand of joint health supplements do not provide the advertised benefits.
James Kroessler filed a complaint individually and on behalf of all others similarly situated on Feb. 7 in the U.S. District Court for the Southern District of California against CVS Health Corp. alleging violation of the California Unfair Competition Law and other counts.
According to the complaint, the defendant markets and sells a line of joint healthy dietary supplements under its CVS Health brand, including glucosamine joint health products. The plaintiff alleges the defendant's advertising claims on the glucosamine products that they assist with joint pain, flexibility and mobility are false and misleading. He also alleges the products do not provide the promised, advertised benefits.
"Defendant’s CVS Health glucosamine products, however, do not support or benefit the health of human joints because the main ingredients in each of defendant’s CVS Health glucosamine products at issue, either alone or in combination with other ingredients, are not effective at supporting or benefitting joint health," the suit states.
The plaintiff holds CVS Health Corp. responsible because the defendant allegedly was unjustly enriched by its false misrepresentations as the plaintiff and class members paid for a "valueless product" that is not effective, the suit states.
The plaintiff requests a trial by jury and seek judgment against the defendant for damages, certify class action, order restitution and disgorgement of all profits and unjust enrichment, injunctive and declaratory relief, attorneys’ fees and litigation costs, interest, and further relief as may be just. They are represented by Timothy G. Blood, Thomas J. O'Reardon II and Craig W. Straub of Blood Hurst & O'Reardon LLP in San Diego, California and Todd D. Carpenter of Carlson Lynch Sweet Kilpela & Carpenter LLP in San Diego, California.
U.S. District Court for the Southern District of California case number 19-cv-277