A California resident has filed a putative multi-state class action against GNC Corp., alleging that the company falsely advertises some of its dietary supplements as products that will “help promote mobility and flexibility, improve joint comfort and cushion joints.” Lerma v. GNC Corp., No. 13-933 (U.S. Dist. Ct., S.D. Cal., filed April 18, 2013). According to the complaint, the primary active ingredients in the company’s TriFlex® Products are glucosamine and chondroitin, which studies have purportedly shown to be ineffective. Claiming that he relied on the “joint health benefit representations on the front, back and sides of the label” when making his purchase, the plaintiff claims that he would not have done so had he known “the Product was not effective as represented by Defendant.” The plaintiff alleges lost money as his injury.
Seeking to certify a multi-state or alternative California class, the plaintiff alleges violations of California’s Unfair Competition Law (unlawful, fraudulent and unfair business practices) and Consumers Legal Remedies Act. He requests a judgment awarding restitution and disgorgement, injunctive relief, a corrective advertising campaign, attorney’s fees, and costs.