SAN FRANCISCO – A California man is suing a vitamin maker claiming that the company falsely advertises the health claims of its supplements.
Paul David Dachauer, on the behalf of all others similarly situated, filed a class-action lawsuit against NBTY Inc. and Nature’s Bounty Inc. on Jan. 13 in the U.S. District Court for the Northern District of California citing violations of the Unfair Competition Law and the Consumers Legal Remedies Act.
According to the complaint, under the brand name Nature’s Bounty, the companies manufacture, market, sell and distribute a mega-dose vitamin E supplement. Dachauer contends these supplements falsely advertise that they "promote" immune health, heart health and circulatory health. Large-scale studies conducted and an overwhelming consensus in the scientific community showed that these vitamin E supplements provide no cardiovascular or heart health benefits, the complaint states.
Dachauer is seeking restitution and injunctive relief as permitted by law, for the defendants to use a corrective advertising campaign, and attorneys' fees and court costs. He is represented by Elaine A. Ryan and Patricia N. Syverson of Bonnett, Fairbourn, Friedman and Balint P.C. in Phoenix and by Manfred P. Muecke of the same firm in San Diego; Stewart M. Weltman and Max A. Stein of Boodell & Domanskis LLC in Chicago; and Brian D. Penny and Laura K. Mummert of Goldman Scarlato & Penny PC in Wayne, Pennsylvania.
U.S. District Court for the Northern District of California Case number 3:16-cv-00216-EDL