SACRAMENTO, Calif. (Legal Newsline) — A California man alleges in a class action that a line of Fungi-Nail products is fraudulently marketed as curing nail fungus.
Kent Delphia on behalf of himself and all others similarly situated, filed a complaint May 25 in the U.S. District Court for the Eastern District of California against Arcadia Consumer Healthcare Inc., doing business as Kramer Laboratories Inc., alleging violation of the California Consumers Legal Remedies Act, negligent misrepresentation and other claims.
According to his complaint, Delphia purchased the defendant's Fungi-Nail product in California. He alleges that the defendant's claims about the product being "clinically proven" to cure and prevent nail fungus is false and misleading.
Delphia also alleges that due to the defendant's misrepresentations, consumers pay a premium for the fungi-nail products and have not received the promised benefits or received the full value of their purchase. He specifically claims that the defendant's Fungi-Nail front packaging states "fungi nail antifungal liquid" in bold lettering along with an "infected looking toenail." Delphia further claims that the product's instructions show the product being applied to the toenail even though it does not kill fungus. He alleges the defendant's actions violation California law and constitute fraud.
Delphia and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Manfred Muecke of Manfred APC in San Diego.