A Florida resident who allegedly purchased USPlabs’ weight-loss supplements when he lived in New Jersey has filed a putative nationwide class action against the company and a retailer alleging that he did not get the benefit of his bargain because the supplements contain the unapproved and allegedly dangerous ingre- dients Aegeline and DMAA. Barot v. USPlabs, LLC, No. 14-0562 (U.S. Dist. Ct., D.N.J., filed January 27, 2014). While the complaint is characterized as an “economic consumer protection action,” the plaintiff claims that he “has in the past, and will in the future continue to suffer, damages, including: Physical injury; Loss of wages; Medical expenses; Costs for investigation and repair; and Attorney’s fees and costs of suit.”
Included in the complaint are references to liver-related injuries allegedly linked to illnesses and a death among Hawaii consumers, as well as product recalls about which the defendants have purportedly “taken no action to provide notice to purchasers.” Alleging violation of the New Jersey Consumer Fraud Act, unjust enrichment, breach of implied warranty of merchantability, and violation of the Magnuson-Moss Warranty Act, the plaintiff seeks declaratory and injunctive relief, including a revocation of the defendants’ certificate of authority to do business in New Jersey and notice to consumers of the products’ alleged dangers; restitution; compensatory, treble and punitive damages; attorney’s fees, costs; and interest.