TopClassActions  |  November 21, 2013

Category: Legal News

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Dismissal of Lazy Cakes Melatonin Brownie Class Action Lawsuit Upheld

By Courtney Coren

 


Lazy Cakes LawsuitThe Ninth Circuit Court of Appeals upheld the dismissal of a proposed class action lawsuit against HBB LLC claiming that the melatonin brownie maker hid the harmful effects of its Lazy Cakes brownies, laced with melatonin, that it sold as a sleep aid. 

According to class action lawsuit, lead plaintiff Lee Cheramie bought Lazy Cakes for $11 from the online store Baked World. The Original Lazy Cakes Relaxation Brownie contains dietary supplements that are supposed to be used to help a person relax. The main relaxation ingredient is melatonin, which helps control a person’s sleep and wake cycles.


Cheramie claims he suffered from fatigue, exhaustion and slurred speech after eating the brownie. One serving of Lazy Cakes has approximately 4 milligrams of the supplement, which the class action lawsuit claims is effective as a sleep aid at 0.2 milligrams. Some of the side effects of melatonin that Cheramie cites in his class action lawsuit include dizziness, headaches, sleep walking, low blood pressure, seizures, depression and breathing trouble. 

Cheramie alleged in the Lazy Cakes class action lawsuit that HBB did not disclose the possible harmful side effects of melatonin, but a lower court judge disagreed.

U.S. District Judge Manuel L. Real argued that the packaging contained enough information about how much melatonin was in each serving and that a reasonable consumer would know what he or she was buying and not be deceived. Real dismissed the class action lawsuit in November 2011 on those grounds. 

Cheramie appealed the dismissal to the Ninth Circuit Court of Appeals, which agreed with the district court’s ruling.

In its Nov. 18 decision, the three-judge panel pointed out that the plaintiff himself admitted in his class action lawsuit that HBB states on the Lazy Cakes packaging the amount of melatonin in the product and the drowsiness side effect of melatonin. 

“The complaint alleges that the Lazy Cakes packaging describes the product as a relaxation agent, discloses the presence and quantity of melatonin in each serving and the relevant serving size, and warns consumers about the risk of drowsiness,” the appellate court explained. 

“More tellingly, [Cheramie] admits that research regarding the safety and side effects of melatonin consumption and the proper dosage is inconsistent and inconclusive,” the judges continued. “Under the facts alleged, Cheramie has not stated a plausible claim of deception.”

Despite dismissing the case, the three-judge panel also sent the class action lawsuit back to the California federal court to allow the plaintiff to amend his complaint, “for it may be possible for him to allege facts sufficient to state a claim for relief under California law that would survive a motion to dismiss.”

When the lower court dismissed his case they did not allow Cheramie to amend his class action lawsuit, but it did not give an explanation for why the request to amend the case was denied.

“In the absence of an explanation, it is not otherwise apparent to this court that amendment would be futile,” the panel added. 

The plaintiff is represented by Benjamin Michael Lopatin of the Law Offices of Howard W. Rubinstein PA.

The Lazy Cakes Melatonin Brownie Class Action Lawsuit is Lee Cheramie v. HBB LLC, Case No. 12-555148, in the U.S. Court of Appeals for the Ninth Circuit.

 

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