Wellesse Glucosamine Class Action Lawsuit Survives Dismissal Bid

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A California judge last week denied Botanical Laboratory Inc.’s motion to dismiss a putative class action lawsuit accusing the company of falsely advertising its Wellesse liquid glucosamine supplements.

U.S. District Court Judge Dana M. Sabraw found that the claims set forth in the Wellesse glucosamine class action lawsuit were not federally preempted. Specifically, Judge Sabraw determined California’s Unfair Competition Law, California Legal Remedies Act and express warranty claims that the plaintiffs raised were not based on either an interpretation of violation of the federal Food, Drug and Cosmetic Act, they were not preempted.

Botanical argued that the class action lawsuit should be dismissed because the plaintiffs rely on a “lack of substantiation” theory that the company claims is flawed. Judge Sabraw dismissed this assertion in her August 8 decision, noting that the plaintiffs cited 23 different studies that contradict Botanical’s claims. Judge Sabraw also disagreed with Botanical’s assertion that the plaintiffs failed to allege sufficient facts and allowed the putative class action lawsuit to proceed.

Plaintiffs Ed Hazlin and Karen Albence allege that Botanical touts its glucosamine-based Wellesse liquid supplements as being able to improve joint health and rebuild cartilage. The primary ingredients in the Wellesse supplements include glucosamine, chondroitin sulfate and “MSM.” According to the class action lawsuit, there is no scientific evidence to support the claim that glucosamine supplements can rebuild cartilage or improve joint health. The plaintiffs allege that Botanical’s representations about the Wellesse supplements are “false, misleading and deceptive.”

Hazlin purchased Botanical’s Wellesse glucosamine supplement from a Wal-Mart store in February 2010. He relied on the product’s label which stated that the supplement would “Improve Joint Health,” and promote “Mobility, Flexibility and Lubrication.” The label also indicated that the benefits would be noticeable “in 7 Days.” Hazlin, who “was experiencing pain and stiffness in his joints,” spent $20 on the Wellesse product, in hopes that it would provide the advertised benefits and ease his discomfort.

Albence purchased the Wellesse glucosamine supplement from a Ralphs grocery store in March 2013. Like Hazlin, she relied on the representations on the label when she made the decision to purchase the product.

Hazlin initially filed the class action lawsuit in March, claiming that Botanical falsely claimed that Wellesse could reduce joint discomfort, improve joint health and rebuild cartilage. He claims that Botanical represented that these claims were backed by clinical studies, even though substantial scientific evidence refutes these claims. Albence was added as a named plaintiff on May 30, 2013.

The class action lawsuit cites several studies, including a February 2004 article published in the American Journal of Orthopedics which concluded that adult cartilage cannot be regenerated and an April 2009 article from the Journal of Orthopedic Surgery that found no evidence to suggest glucosamine is more effective than a placebo at slowing the deterioration of cartilage.

The plaintiffs in the class action lawsuit are represented by Todd D. Carpenter of the Carpenter Law Group.

The Wellesse Glucosamine Class Action Lawsuit is Hazlin v. Botanical Laboratories, L.L.C. et al., Case No. 3:13-cv-00618, in the U.S. District Court for the Southern District of California.

UPDATE: According to court documents filed Sept. 15, 2014, the parties have agreed to settle the Wellesse joint health class action lawsuit. Under the terms of the proposed class action settlement, Class Members may be entitled to reimbursement of up to $100 for the Wellesse Joint Movement Glucosamine products they purchased.

UPDATE 2: On Feb. 4, 2016, Wellesse Joint Movement Glucosamine consumers reported that checks from the class action settlement were mailed out! Class Members received checks as much $609.13. If you filed a claim for the Glucosamine joint supplement class action lawsuit settlement, keep checking your mailbox you may receive your payout soon!