A New York resident has filed a putative class action against a company and individuals, including reality TV star and media personality Nicole Polizzi, a/k/a Snooki, alleging that the marketing and promotion of Zantrex-3 weight-loss products is false and misleading. Brady v. Basic Research, L.L.C., No. 13-7169 (U.S. Dist. Ct., E.D.N.Y., filed December 16, 2013). Snooki is allegedly paid to endorse the product and does so across various media, including her Facebook and Twitter accounts.
According to the complaint, the product’s main ingredient is “a dangerously large dose of caffeine which the U.S. Food and Drug Administration has determined is not safe or effective for weight control or appetite suppression.” The plaintiff does not claim that she experienced any ill effects from using the product, but contends that she relied on the defendants’ purported misrepresentations that she could lose weight without diet and exercise to purchase the product and would not have purchased it had she known that the misrepresentations were false. She contends that some of the defendants have long been associated with “peddling useless dietary supplements and over-the-counter products without any scientific support.” She also challenges the study on which the defendants rely to establish the “effectiveness” of the product; it apparently included 30 subjects only 25 of whom completed the study.
Seeking to certify a nationwide class and statewide subclass of consumers, the plaintiff alleges violation of the Magnuson-Moss Warranty Act, breach of express warranty, negligent misrepresentation, fraud, and unjust enrichment. She seeks compensatory and punitive damages, interest, restitution, injunctive relief, attorney’s fees, and costs.