A class action lawsuit has been certified in California against Supple, accusing the supplement maker of falsely advertising its product as being clinically proven to help treat joint pain.
The lawsuit was filed by Arleen Cabral in December 2011, after purchasing the product based ot its claims that its key ingredients are "clinically proven" to effectively treat the pain and immobility associated with arthritis. However, Cabral alleges that these claims are false as there is no scientific evidence linking Supple to those benefits.
The lawsuit also claims that Supple wrongly convinced thousands of consumers in California to spend close to $100, including shipping and handling costs, on a product that does not offer any joint pain relief.
The judge approved the class action, finding that class members would have been exposed to the advertising on Supple's website or infomercials before buying the product, which means they relied on Supple's claims when making the purchase.
The judge also noted that all of Supple's revenues came from either telephone sales or online sales.
Consumer fraud and consumer class action suits are civil actions brought by one or more individuals on behalf of themselves and a larger group who have had the same or similar experience. The purpose of class action is to secure a judicial remedy, which may eliminate the wrong against the individuals involved, compensates them for the wrong, and also provides these remedies for all others in the definable class who have suffered as a result of the same practice or action.
Consumer fraud and class actions can involve hundreds, thousands and even millions of people with comparable claims. When a court certifies a class action they are permitting claims to be heard in a single trial.
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Source: www.topclassactions.com, "Supple Drink False Advertising Class Action Lawsuit," Feb. 19, 2013.