LOS ANGELES (Legal Newsline) – The maker of pain-relief products that contain curcumin is asking a federal judge to throw out the class action lawsuit that claims the substance does not reduce muscle soreness.
Terry Naturally filed its motion March 12 in Los Angeles federal court through lawyers at Blank Rome who argue a money-back guarantee moots the plaintiff’s claim for damages and/or restitution.
“The unconditional moneyback guarantee presented on Defendant’s website is aimed at consumers who do not receive the benefits they expect, which is precisely what Plaintiff alleges based on his idiosyncratic expectations,” the motion says.
“This guarantee is not only provided conspicuously on the side of the product label as purchased by Plaintiff, which Plaintiff fails to include in his (complaint), but is also visible on the webpage that he visited during his purchase.
“Plaintiff fails to allege any reason why he could not have taken advantage of the unconditional moneyback guarantee which would have resolved his alleged personal dissatisfaction.”
The suit filed by lawyer Todd Friedman says studies of curcumin, the main ingredient in the Curamin pain-reliever line, has been shown to reduce inflammation but not reduce muscle soreness associated with exercise.
Terry Naturally is accused of not disclosing that curcumin has not been proven to relieve that kind of pain.
“It would contradict the intent of the electorate if Plaintiff could fabricate standing to pursue damages by refusing complete monetary relief,” the motion to dismiss says.
It also argues the plaintiff can’t prove a reasonable consumer would be misled by any of the company’s claims and failed to meet the heightened pleading standards to allege fraud.