Facts

Evig LLC is a Utah-based company that does business as Balance of Nature. Balance of Nature markets and sells dietary supplements it claims are made from freeze-dried fruits and vegetables that are powdered and placed in capsules. In its marketing, Balance of Nature made numerous claims, including that one of its 2-gram fruit-based supplements contained the nutritional equivalent of five servings of fruit; that three capsules of another one of its products was as nutritious as 10 servings of salad made with 31 vegetables; and that six capsules could fit the entire recommended servings of fruit and vegetables.

On February 23, 2021, Carla Rodriguez, the district attorney for Sonoma County, filed suit on behalf of the People of the State of California against Evig in Napa County Superior Court.

PLAINTIFF'S CONTENTIONS: The plaintiff contended that Balance of Nature made claims about its products nutritional and health benefits, including that a small pill was equivalent to multiple servings of fruit and that its products could prevent, treat, or mitigate serious diseases; that these claims were not supported by competent and reliable scientific evidence; and that Balance of Nature enrolled customers into an automatically renewing subscription program for a monthly fee. The plaintiff contended that these claims were false and misleading. Moreover, the plaintiff contended that there was not adequate notice of the recurring fees associated with the subscription program, and that the customers could not cancel the subscription online, which violated the Automatic Renewal Law.

DEFENDANT'S CONTENTIONS: The defendant denied any wrongdoing or liability and all the plaintiff's material allegations.

Result

The parties reached a consent judgment wherein Balance of Nature admitted no wrongdoing or liability but agreed to pay $1.1. million to settle plaintiff's claims. Of that amount, $250,000 will be used for restitution, and $850,000 will be used to pay civil penalties and investigative costs.