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Consumer Law
Unfair Business Practices
Advertising

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)

Damon Rogers

Filippo Marchino
(The X-Law Group PC)

Kevin R. Boyle
(Boyle Law)


Defendant

Alexander L. Conti

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.


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