SAN DIEGO – A consumer has filed a class-action lawsuit against GNC over allegations it advertises an inaccurate regular price for products with a sale price to stimulate sales.
Kenneth Harrison filed a complaint on behalf of himself and all others similarly situated on Dec. 23 in the U.S. District Court for the Southern District of California against General Nutrition Centers Inc., GNC Holdings Inc. and Does 1 to 25 alleging violations of the California Consumer Legal Remedies Act and other counts.
According to the complaint, the plaintiff alleges that he was deceived by the defendant by its falsely inflated and misleading advertised price discounts on its website for products. As a result, he alleges to have suffered monetary damages.
The plaintiffs hold General Nutrition Centers Inc. and GNC Holdings Inc. responsible because the defendant allegedly deceived consumers by falsely promoting itself as a discount retailer, and deceived consumers into purchasing on false belief that they were getting the goods at lower costs.
The plaintiff requests a trial by jury and seeks judgment against defendant, certify proposed class, certify class representative and class counsel, declaratory relief, compensatory and punitive damages, interest, restitution, injunctive relief, disgorgement of allegedly ill-gotten gains, attorneys' fees, costs of suit, and other relief as the court deems just. He is represented by Reuben D. Nathan of Nathan & Associates APC in San Diego and Ross Cornell of Ross Cornell APC in Long Beach.
U.S. District Court for the Southern District of California Case number 3:16-cv-03086