A recent putative class action targets the makers of popular weight-loss supplements, including Green Coffee Bean Extract Fat Loss Optimizer, Raspberry Ketones Metabolic Enhancer and Garcinia Cambogia Dual Action Fat Buster. Woodard v. Labrada, No. 16-0717 (C.D. Cal., filed February 2, 2016). Additionally, plaintiffs are targeting Mehmet Oz, M.D., along with companies associated with his TV show alleging that the program’s endorsements made the supplements more popular despite their lack of effectiveness.
The complaint alleges multiple violations of the California business code for unfair competition, consumer protection and false advertising, as well as other common law claims such as unjust enrichment and breach of warranty. The named plaintiff alleges that marketing and labeling statements referring to the products’ weight loss, fat-burning and metabolism-enhancing properties are “false, misleading, deceptive, and unlawful.” Plaintiff further alleges that defendants were aware of the false and misleading nature of the statements when made and disseminated.