Robert McCrary, individually and on behalf of all others similarly situated v. The Elations Company LLC, and Does 1 through 100, inclusive
Published: Jan. 30, 2016 | Filing Date: Jan. 1, 1900 |Case number: 5:13-cv-00242-JGB-SP Settlement – $1,350,000
Court
USDC Central
Attorneys
Plaintiff
Gillian L. Wade
(Milstein, Jackson, Fairchild & Wade LLP)
Sara D. Avila
(Milstein, Jackson, Fairchild & Wade LLP)
Defendant
Sascha Von Mende Henry
(Sheppard, Mullin, Richter & Hampton LLP)
Facts
Robert McCrary filed a putative class action against The Elations Company LLC.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant allegedly marketed, distributed, sold, or otherwise made available a dietary joint supplement. Defendant claimed the product was "clinically proven" to benefit the joints, which was untrue. Plaintiff contended the product was not clinically proven to affect the joints, making the labels false and misleading.
Plaintiff asserted claims for violation of the Consumer Legal Remedies Act, violation of the False Advertising Law, violation of the unfair and fraudulent prongs of the Unfair Competition Law, and violation of the unlawful conduct prong of the UCL.
DEFENDANT'S CONTENTIONS:
Defendant denied the allegations.
Result
Elations agreed to pay $1.35 million in settlement.
Other Information
The class settlement is subject the court granting final approval in February. FILING DATE: Feb. 7, 2013.
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