In a case that began in a New Jersey state court in 2006 and has been cycling through jurisdictional disputes in state and federal courts, a state resident alleges consumer fraud on behalf of a putative class against companies that make, market and distribute a stretch mark repair cream later claimed to be a “miracle” or “breakthrough” product that can eliminate facial wrinkles. Morgan v. Gay, 13-2470 (U.S. Dist. Ct., D.N.J., filed April 17, 2013). Now acknowledged under Standard Fire Insurance Co. v. Knowles, No. 11-1450 (U.S., decided March 19, 2013), to meet the federal jurisdictional threshold under the Class Action Fairness Act, the case has been removed to federal court.
According to the complaint, claims about Stri-Vectin-SD are unsupported by any study or scientific data. The plaintiff seeks to certify a state-wide class of product purchasers and alleges violation of the New Jersey Consumer Fraud Act, fraud, unjust enrichment, breach of warranty, and injunctive relief. She asks for compensatory, treble and punitive damages in excess of $5 million and an order enjoining the defendants from marketing the product “through use of any representations concerning the safety or efficacy of the product” and ordering them to “immediately take all steps necessary to effectuate a recall” of all products distributed or sold. See Law360, April 22, 2013.