A New York resident has filed a putative class action against Rite Aid Corp. alleging that the company falsely advertises and labels its house-brand line of joint-health dietary supplements containing glucosamine sulfate and chon- droitin sulfate as effective in addressing joint pain or stiffness. Lastres v. Rite Aid Corp., No. 13-6550 (U.S. Dist. Ct., E.D.N.Y., filed November 25, 2013).
Seeking to represent a class of consumers who purchased any of a number of these Rite Aid supplements in New York, plaintiff Louis Lastres claims that the company’s representations about the efficacy of the products “are totally contradicted by all credible scientific evidence.” He claims that he purchased one of the products relying on the company’s claims that they would “help rebuild cartilage & lubricate joints.” According to the complaint, the company made its product representations “through a variety of media including its website and online promotional materials and the labeling/packaging of the Supplements themselves.” Lastres alleges that he received no benefit from the product and that he would not have purchased it if he had been aware that “Rite Aid had both misrepresented the benefits of the Supplements and, in addition, concealed its knowledge of studies demonstrating the lack of efficacy of those products.”
The plaintiff alleges unfair or deceptive acts and practices, false advertising and breach of express warranty under New York law. He seeks restitution and disgorgement, injunctive relief, corrective advertising, statutory and punitive damages, attorney’s fees, and costs.