A California resident has filed a putative nationwide consumer-fraud class action against a company that makes "Dark Rage," "Anadrox" and "Trac- Extreme" work-out supplements, alleging that laboratory tests show they lack the key ingredients purportedly responsible for their claimed muscle, energy, vascular, fat loss, and strength effects. Janovick v. Maximum Human Performance, Inc., No. 13-2129 (U.S. Dist. Ct., S.D. Cal., filed September 11, 2013).
According to the plaintiff, "Dark Rage" does not contain L-Arginine AKG and the other two products do not contain l-citrulline or citrulline malate. While the company apparently promotes the efficacy of the "next generation ingredients" in its products, the plaintiff contends that lacking the specific ingredients for which the products were tested renders the efficacy claims "completely false." He alleges that he relied on the advertisements and would neither have purchased the products nor paid as much as he did for them had he known they lacked these ingredients.
Alleging violations of California’s false advertising law and unlawful, fraudulent and unfair business practices, the plaintiff seeks damages, restitution, injunctive relief, interest, attorney’s fees, and costs.