NEW YORK (Legal Newsline) - A class action lawsuit against SmartyPants alleges the company's multivitamins are not all they're cracked up to be.
Brianna Foster and Jennifer Schultz, individually and on behalf of all others similarly situated, filed a federal civil action complaint on July 28 in the U.S. District Court for the Southern District of New York against SmartyPants Healthy Minds, Inc. for violation of New York's General Business Law, violation of California's Unfair Competition Law, violation of California's False Advertising Law, violation of California's Consumer Legal Remedies Act, breach of expressed warranty, breach of implied warranty of merchantability, unjust enrichment, negligence misrepresentation and fraud.
According to the complaint, SmartyPants sells SmartyPants-branded multivitamins represented to be “complete” products that provide “essential” nutrition, but these multivitamins fail to contain a number of essential nutrients, including vitamin K, riboflavin (vitamin B-2), and niacin (vitamin B-3) which would make the product "Complete" and contain "Essential" nutrition.
The plaintiffs allege that the company does this to sell products and consumers would not buy the products had the items not been labeled fraudulently misrepresented.
The plaintiffs seek an order from the court stating that SmartyPants is in violation of statutes mentioned above; compensatory, statutory and punitive damages; pre-judgement interest; injunctive relief; damages; restitution; and further relief deemed proper by the court. The plaintiffs are represented by Neal J. Deckant of Bursor and Fisher, P.A.