In this lawsuit, the plaintiff alleges that Iovate Health Sciences, U.S.A. has engaged in misleading and deceptive conduct with regard to its MuscleTech and Six Star Protein products by packaging them in opaque containers which actually contain more than 40% empty space or "slack-fill."
Iovate Health Sciences, Inc. is a manufacturer of health supplements under the Muscle Tech brand, and its products include various types of whey and protein powders. These products are offered for sale in a variety of net weights and are marketed toward bodybuilders and athletes. The plaintiffs in this case are individuals who respectively reside in California and New York who purchased Iovate's whey products, expecting to receive full containers of the selected powders.
According to the complaint, the products at issue were sold to consumers in containers of opaque materials which disguised the fact that they held far less of the powdered products than most would expect via visual inspection at the point of purchase. It is alleged that the whey product containers at issue were characterized by over 40% empty space or non-functional "slack-fill." As a result, consumers such as the plaintiffs received a great deal less of their desired product than they bargained for, and use of the packaging itself constitutes violations of the California Consumer Legal Remedies Act, California's Unfair Competition Law, California's False Advertising Law and New York's Deceptive Trade Practices Act. The plaintiffs also allege negligent misrepresentation by virtue of Iovate's practice of concealing the true quantity of product found in its containers which were designed to mislead consumers.
The plaintiffs contend that they reasonably relied on Iovate's representations concerning the true amount of whey product contained in each unit and that they suffered financial losses which could have been avoided had they purchased an alternative product available on the market.
The complaint seeks certification of a National Class, a California Subclass and a New York Subclass and also requests an order declaring that Iovate's conduct violated all cited consumer protection laws and requiring the defendant to pay special, general and compensatory damages, restitution and the attorney fees and costs associated with bringing the action.
This case was filed on October 19, 2015. Defendants are given 30 days within which to respond to the allegations contained in the complaint, though this period is regularly extended by consent of the parties.