Wellnx Life Sciences makes high claims for its Nature’s Science “100% Pure Garcinia Cambogia” weigh loss product. Unfortunately, the complaint for this class action alleges that the product is not effective for weight loss and does not contain the amount of active ingredient hydroxyxitric acid (HCA) advertised.
The National Class for this action is all persons in the US who bought the product. The complaint also proposes California and North Carolina Subclasses.
On his popular “The Dr. Oz Show”, Dr. Mehmet Oz touted garcinia cambogia as being “a revolutionary fat buster” with the words “No Exercise. No Diet. No Effort.” behind him. But Oz’s words about it and other weight loss products were later called into question by a US Senate Subcommittee on Consumer Protection, Product Safety, and Insurance. The committee presented Oz with studies refuting the efficacy of garcinia cambogia, and Oz promised that he would tone down his language and publish a list of products that he feels do help people lose weight.
Still, the complaint claims that supplement makers have taken advantage of the moment to try to make money from this substance.
Among the claims that Wellnx Life Sciences makes for its product are
The complaint refers to several studies which do not support the hunger-suppressing, fat burning, or weight loss claims for HCA. It also had the product’s caplets tested, and claims that although each four-caplet serving was supposed to contain 1556 mg of garcinia cambogia extract, with 60% concentration or 933.6 mg of HCA, it actually contained only 243 mg of HCA, or only 26% of what the label promises.
According to the complaint, the product is misbranded, because the label contains a statement that is “false or misleading in any particular”—a violation of the federal Food, Drug, and Cosmetic Act—as well as prohibitions against false or misleading labeling.
The complaint also claims violations of California’s Unfair Competition Law, its False Advertising Law, and its Consumer Legal Remedies Act, and breaches express and implied warranties, among other things. It asks the court to declare the company’s practices to be unlawful, to award the plaintiffs and class actual, compensatory, consequential, and special damages as well as punitive damages and attorneys’ fees and expenses.