Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A class action lawsuit has been filed against Nicole “Snooki” Polizzi of the hit MTV show “Jersey Shore” and Basic Research LLC, maker of the weight loss supplement Zantrex 3, alleging that the product Snooki endorsed was falsely advertised and is neither safe nor effective as the company claimed.
The Zantrex 3 class action lawsuit was filed in a New York federal court on Tuesday by New York resident Ashley Brady, who purchased a bottle of Zantrex-3 from a drugstore in 2010. Zantrex is manufactured by Basic Research subsidiary Zoller Laboratories. Brady claims she purchased the weight loss supplement because of statements on the bottle that made claims such as “546% More Weight Loss Than America’s #1 Selling Ephedra-Based Diet Pill,” “in a little over 6 weeks,” and “WITHOUT diet and exercise.”
When Brady saw these advertisements before and during the time of purchase, she took them to be true claims that Zantrex was “safe and effective for weight loss and fat loss as advertised,” her class action lawsuit says.
Brady alleges that Zantrex is neither safe nor effective for weight loss.
Nicole “Snooki” Polizzi is included as a defendant in the proposed class action lawsuit because she used to be an official endorser of the product, even though her endorsement contract has since expired.
According to the Zantrex 3 class action lawsuit, Polizzi “is, in fact, the face of the Zantrex brand. In her role as paid spokesperson, Snooki has appeared in nearly every advertisement for Zantrex products.”
Polizzi has also marketed Zantrex through a variety of social media outlets such as her own personal Facebook and Twitter accounts.
The products included in the Zantrex lawsuit are Zantrex-3, Zantrex-3 High-Energy Fat Burner and Zantrex-3 Power Crystals for false advertising claims that the products are safe and effective for losing weight.
“In fact, Zantrex’s main ingredient is a dangerously large dose of caffeine, which the U.S. Food and Drug Administration has determined is not safe or effective for weight control or appetite suppression,” the class action lawsuit says.
The lawsuit adds that Amy Heaton, Director of Scientific Affairs for Zoller Laboratories, told the Los Angeles Times “that caffeine and caffeine-like compounds ‘have not been shown to significantly increase weight loss.'”
Brady claims that “Zantrex combines caffeine with a variety of herbal ingredients that are similarly unsafe and ineffective for weight control or appetite suppression.”
She also says the research that the company’s claims are based on is flawed, saying that one of the studies in particular, called “Their Study,” had too small a sample size, did not have all participants complete the study, wasn’t long enough, wasn’t truly a “blind study,” and had no follow up on the long-term effects of Zantrex. Similar allegations are made about another study done, called “Our Study.”
Other defendants named in the class action lawsuit are Dennis Gay, the principle shareholder of Basic Research and Zoller Labs; Daniel Mowrey, principle shareholder and Director of Scientific Affairs for Basic Research; and Mitchell Friedlander, the “marketing guru” behind the Zantrex’s success.
Brady is charging the defendants with violating the Magnuson-Moss Warranty Act, with breach of express warranty, negligent misrepresentation, fraud and unjust enrichment.
The New York woman is asking to be named as the class representative. She is seeking to represent a class of other Zantrex customers. She is asking for compensatory and punitive damages as well as monetary and injunctive relief.
The plaintiff is represented by Joseph I. Marchese, Scott A. Bursor, Yitzchak Kopel and Neal J. Deckant of Bursor and Fisher PA.
The Zantrex False Advertising Class Action Lawsuit is Ashley Brady v. Basic Research LLC, et al., Case No. 2:13-cv-07169, in the U.S. District Court for the Eastern District of New York
UPDATE: On Mar. 31, 2016, a New York federal judge refused to dismiss a class action lawsuit that alleges Zantrex weight loss products are ineffective, finding that the defendants’ attempt to settle the litigation last year did not render the plaintiffs’ claims moot.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
5 thoughts onZantrex False Ad Class Action Lawsuit Names ‘Snooki’ as Defendant
Doesn’t work at all
UPDATE: On Mar. 31, 2016, a New York federal judge refused to dismiss a class action lawsuit that alleges Zantrex weight loss products are ineffective, finding that the defendants’ attempt to settle the litigation last year did not render the plaintiffs’ claims moot.
used this don’t work, didn’t do anything for me money for nothing
I will like to go into the class action suit with the your lady also, due to this product is not as effective as it claims to be.
I bought and used the product because of the advertised results and did not have any results.