Lorean Barrera v. Pharmavite LLC
Published: Jun. 3, 2017 | Result Date: Apr. 28, 2017 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-04153-CAS-AGR Settlement – $1,900,000
Court
USDC Central
Attorneys
Plaintiff
Elaine A. Ryan
(Bonnett, Fairbourn, Friedman & Balint PC)
Jeff S. Westerman
(Westerman Law Corp.)
Stewart M. Weltman
(Siprut PC)
Max A. Stein
(Boodell & Domanskis LLC)
Patricia N. Syverson
(Bonnett, Fairbourn, Friedman & Balint PC)
Manfred P. Muecke
(Manfred APC)
Nada Djordjevic
(Bonnett, Fairbourn, Friedman & Balint PC)
Defendant
Rene P. Tatro
(Tatro, Tekosky & Sadwick LLP)
Facts
Plaintiff filed a putative class action lawsuit against Phamavite LLC relating to its TripleFlex dietary supplements.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant represented that its TripleFlex joint health supplements, sold under the brand name Nature Made, improved joint "comfort, mobility and flexibility" via the active ingredients glucosamine hydrochloride and chondroitin sulfate. These active ingredients, however, did not confer any joint health benefits. Plaintiff argued that defendant's claims were false and/or misleading.
Plaintiff asserted claims under the California Consumer Legal Remedies Act, the California Unfair Business Practices Act, and breach of express warranty.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations.
Result
The parties entered into a class settlement of $1.9 million. Class members will receive cash awards for up to four bottles of the product and/or a product award for up to six bottles of product.
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