Magic Bullet Diet Pill?: Consumer Class Action for False Advertising
“Glucosulin” diet pills, manufactured by Health Pure Products, LLC are the subject of a new class action lawsuit alleging false advertising, based on the products’ claims that the pills will reduce weight and burn body fat without requiring diet or exercise.
On May 30, 2012, plaintiff Leslie Tsabetsaye filed a class action lawsuit against Glucosulin’s manufacturers, alleging that the pills, which cost approximately $50 per bottle, simply do not work. Apparently, Glucosulin advertises that it will burn body fat and accelerate weight loss, and is clinically proven to provide weight loss benefits.
Tsabetsaye’s lawsuit alleges that the makers of Glusosulin have no basis for making these statements and conducted no studies to determine whether the product was safe or effective. Tsabetsaye alleges that she and other consumers relied on these allegedly false claims in deciding to purchase the pills. The lawsuit seeks a refund of the purchase price as well as a corrective advertising campaign by the defendants.
In order to prevail on a false advertising claim, Ms. Tsabetsaye will have to prove that Glucosulin made false and misleading claims, that they were aware, or should have been aware that the advertisements were untrue or misleading, that she and other consumers relied on the defendants’ claims in deciding to purchase the product, and that she and other consumers sustained losses as a result of the false and/or misleading advertisements.
If you believe that you have been the victim of false or misleading advertising , please call Khorrami LLP for a free and private consultation.