LOS ANGELES (Legal Newsline) – Class action lawyers weren’t specific enough when they sued the maker of a curcumin supplement, a federal judge has ruled in throwing out the case.
Attorneys at The Law Offices of Todd M. Friedman on May 27 were told they failed to reach the heightened pleading requirements for claims that are based on fraud, though Los Angeles federal judge Andre Birotte is letting them try to amend their complaint.
It would be the third amended complaint in the short history of the case against Terry Naturally.
“(T)he court is unable to make a reasonable inference that Defendant’s claims of ‘Pain Relief’ are false simply because Plaintiff’s individual pain was not relieved within his own chosen parameters,” Birotte wrote.
The lawsuit 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.
“Plaintiff alleges that ‘the product did not remove, mitigate, lessen or relieve Plaintiff’s exercise induced muscle soreness and pain’ within 30-45 minutes after consumption when taken during a weeklong period consisting of five days of exercise for thirty minutes,” Birotte wrote.
“Plaintiff does not allege why these parameters are sufficient to prove falsity. Indeed, Defendant did not promise results within those parameters.”
Birotte did rule against the company’s argument that Friedman’s plaintiff could not be entitled to damages or restitution because it provides an unconditional moneyback guarantee.