LOS ANGELES — A Florida company has filed suit against a manufacturer alleging false advertising.
Strategic Partners Inc. filed a complaint on Aug. 8 in U.S. District Court for the Central District of California, Western Division, against Vestagen Protective Technologies Inc., alleging that the manufacturer violated the California Business and Professions Code.
According to the complaint, the plaintiff alleges that on March 10, prior to it filing a complaint in court, the plaintiff initially submitted a protest with the National Advertising Division (NAD) to stop the defendant's misleading advertising without resorting to litigation. The defendant allegedly issued a statement where it agreed to comply with NAD's recommendation to modify the materials, but acted otherwise, which caused the plaintiff to purportedly suffer injury to its business, reputation and goodwill. The plaintiff holds Vestagen Protective Technologies Inc. responsible because the defendant allegedly deceived consumers to withhold trade from the plaintiff, caused the plaintiff to lose revenue as a result of the unfair competition and the defendant instead gained profit from its reportedly fraudulent practices.
The plaintiff requests a trial by jury and seeks judgment against the defendant, damages, restitution, disgorgement of profits, interest, costs of suit, attorneys’ fees and other relief as the court deems appropriate. It is represented by Mona Z. Hanna, Taylor C. Foss and Jennifer A. Mauri of Michelman & Robinson LLP in Irvine.
U.S. District Court for the Central District of California, Western Division, case number 16-cv-05900