California Woman Files Class Action Against Anti-Aging Supplement Maker for False Advertising
On September 16, 2013, Kathleen Holt filed a class action lawsuit in California federal court against Reserve Life Organics, LLC (“RLO”), alleging that claims made in the company’s advertisements of its Resveratrol anti-aging product are false and misleading and that the product contains harmful ingredients.
According to the complaint, RLO advertises its Resveratrol product as “primarily consisting of ‘Organic Resveratrol From French Red-Wine Grapes,’” and the product’s packaging contains images of grapes on the vine, states “The Original Red Wine Antioxidant,” claims that it is “The World’s Finest Resveratrol,” that it is “from the heart of France,” and that it is “Made With Certified Organic Ingredients.” Despite these claims, Holt alleges that the RLO product contains little “organic” resveratrol and substantially less than reasonably expected by consumers relying on the advertisements. Holt alleges that RLO’s Resveratrol product consists mostly of non-organic resveratrol sourced from China, not France, which is much cheaper than the organic, grape-based substance.
Holt claims that RLO has violated federal regulations requiring products labeled “organic” to contain at least 70% organic ingredients. These misrepresentations, Holt claims, were contained in print and online advertisements, as well as point-of-purchase displays. According to the complaint, California consumers paid more for RLO’s product than other products containing resveratrol because they perceived the RLO product as being of higher quality and having health and safety benefits associated with organic products.
The complaint also alleges that RLO failed to disclose that its Resveratrol product contains “significant” amounts of magnesium strearate, which Holt alleges “is or may be harmful” to the human immune system. Holt alleges that health conscientious consumers of “organic” products rely on product labels and advertising to truthfully and accurately disclose product ingredients. The complaint alleges that RLO failed to declare that its product contains “significant amounts” of magnesium stearate in the Supplement Facts printed on the product’s packaging.
Holt has sued RLO on behalf of a class of all California consumers who purchased RLO’s Reservatrol product between September 16, 2009 and the present. The complaint includes claims for both negligent and intentional misrepresentation, as well as violations of California’s Unfair Competition Law and False Advertising Law. Holt has asked the court for injunctive relief, and to award disgorgement of profits, restitution, special, general, and compensatory damages, interest, and attorneys’ fees.
If you or someone you know has purchased a product based upon false advertising, you may be entitled to relief. Please call Khorrami Boucher Sumner Sanguinetti, LLP for a confidential consultation.