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March 6, 2013 / Scott Tillett

California Federal Judge Certifies False Advertising Class Action Lawsuit Against Supple Beverage Maker

A California federal judge has certified a class action lawsuit against Supple LLC for false advertising of its Supple beverage products.  The plaintiff, California resident Arleen Cabral, alleges that she relied on false representations made in a 2009 infomercial in deciding to purchase the product.

Supple claims the Beverage’s key ingredients – i.e., glucosamine hydrochloride and chondroitin sulfate – are “clinically proven effective, produce evidence-based solutions for joint problems, and provide fast relief from joint suffering caused by ailments such as arthritis.”  However, Cabral alleges that a series of clinical trials demonstrate that the combination of these ingredients is no more effective than placebo.  As a result, Ms. Cabral alleges that thousands of California consumers were induced to purchase large quantities of Supple beverages, which sell for as much as $99.95 for a 43 day supply, and are no more effective at curing arthritis pain than a fruit flavored juice.

The complaint alleges claims for violation of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200 et seq., California’s False Advertising Law (“FAL”), Cal. Bus. & Prof. Code § 17500 et seq., and California’s Consumer Legal Remedies Act (“CLRA”), Cal. Civ. Code § 1750 et seq.  The certified class includes all California residents who purchased Supple beverages for personal use from December 7, 2007 to the present.

Have you purchased products in reliance on false advertising?  If so, please contact Khorrami, LLP for a confidential consultation.

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