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Supple Drink False Advertising Class Action Lawsuit
By Kimberly Mirando
A California federal judge has certified a class action lawsuit accusing supplement maker Supple LLC of falsely marketing its Supple beverage product as being clinically proven to help treat joint pain. The newly certified class includes all California residents who purchased the drink for personal use since December 7, 2007.
Plaintiff Arleen Cabral filed the class action lawsuit in December 2011 alleging she purchased the Supple beverage based on marketing claims that its key ingredients are “clinically proven” to effectively treat the pain and immobility associated with arthritis. These claims, according to the class action lawsuit, are false because there is no scientific evidence linking Supple’s key ingredients to this benefit.
As a result, Supple wrongfully induced thousands of California consumers into paying nearly $95, plus shipping and handling costs, for a “worthless” product that was “nothing more than a fruit flavored juice, incapable of healing or comforting arthritis pain,” the Supple class action lawsuit claims.
U.S. District Judge Michael W. Fitzgerald granted Cabral’s motion for to certify the Class, finding that Class Members would have been exposed to Supple’s advertising on its website or infomercials before purchasing the beverages, which means they would have relied on Supple’s marketing claims in making their decision to buy. Judge Fitzgerald noted that all of Supple’s revenues for the product came from either direct telephone sales or online sales.
The Supple False Advertising Class Action Lawsuit case is Arleen Cabral v. Supple LLC et al., Case No. 12-cv-00085, U.S. District Court for the Central District of California.
Updated February 19th, 2013
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3 thoughts onSupple Drink False Advertising Class Action Lawsuit
I rec’d the product and it did not correct or help my joints. It was purchased in the year of 2009.
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When?