Andre Batungbacal v. Power Balance, LLC et al.
Published: May 7, 2011 | Result Date: Mar. 28, 2011 | Filing Date: Jan. 1, 1900 |Case number: 8:2011-cv-00018 Settlement – $57,400,000
Court
USDC Central
Attorneys
Plaintiff
Rahul Ravipudi
(Panish | Shea | Ravipudi LLP)
Filippo Marchino
(The X-Law Group PC)
Kevin R. Boyle
(Boyle Law)
Defendant
Michael J. Avenatti
(Eagan Avenatti LLP)
Facts
Power Balance LLC advertised its products involving its Performance Technology as improving strength, balance and flexibility.
Contentions
PLAINTIFF'S CONTENTIONS:
Consumers filed a class action suit against Power Balance, alleging false advertising and misrepresentation.
DEFENDANT'S CONTENTIONS:
Power Balance denied any wrongdoing.
Result
The parties reached a settlement, whereby Power Balance would provide full refunds to class members. Power Balance also agreed to change its advertising and marketing practices. The most relevant are the quitting of the muscle tests (employed to purportedly show the effectiveness of the bracelets), the changing of the claims, and the requirement for scientific backing of all further claims.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390