SAN DIEGO – A Pauma Valley company alleges that several corporations are falsely advertising ingredients in their supplements.
Certified Nutraceuticals Inc. filed a complaint on April 17 in the U.S. District Court for the Southern District of California against The Clorox Co., Neocell Corp. Inc., et al. alleging violation of the Lanham Act, false advertising and unfair competition.
According to the complaint, chicken sternum collagen type II "has been shown in scientific literature to have beneficial effects on joints, arthritis and cartilage." The suit states the plaintiff imports and sells ingredients to nutraceutical companies and specializes in collagen ingredients.
The plaintiff alleges the defendants list sternal chicken collagen in the ingredient list of Neocell Collagen2 Joint Complex, but testing reveals the product "is not comprised of pure sternal chicken, but rather chicken carcasses of inferior quality which are much more inexpensive to produce."
The plaintiff holds The Clorox Co., Neocell Corp. Inc., et al. responsible because the defendants allegedly misrepresented the nature, characteristics and qualities of their products and obtained market share at the expense of the plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendants for injunctive relief, award of compensatory damages, restitution, treble and punitive damages, costs, attorneys’ fees, and other relief the court may deem appropriate. It is represented by Robert Tauler of Tauler Smith LLP in Los Angeles.
U.S. District Court for the Southern District of California case number 3:18-cv-00744