On February 11, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners of Walgreen Co. and Duane Reade Inc. (collectively, \u201cDefendants\u201d) on behalf of all consumers nationwide who have purchased the following \u201cFinest Nutrition\u201d brand supplements: Gingko Biloba, St. John\u2019s Wort, Ginseng, and Echinacea.<\/p>\n
The lawsuit alleges that Defendants, owners of the largest drug retailing chain in the United States, misbranded the aforementioned supplements in their \u201cFinest Nutrition\u201d product line by not accurately identifying all the ingredients or quantity of such ingredients included in the supplements.\u00a0 This lawsuit follows a recent report by the New York State Attorney General which tested the listed supplements and found that none of them contained the substances for which they were named.\u00a0 The report in issue was commenced in response to consumer concern in regards to the lax nature of supplement testing, which is treated like a food by the Food and Drug Administration (\u201cFDA\u201d), rather than a Drug, and therefore does not need to be approved by the FDA for safety or effectiveness.<\/p>\n
The lawsuit specifically claims that the supplements\u2019 product labels, packaging, advertisement, and other marketing materials constituted uniform representations that the supplements contained the ingredients they were named after.\u00a0 Therefore, Plaintiff alleges that by purchasing these supplements, they formed a legal contract with Defendants, which Defendants breached by providing a product which did not contain the represented ingredients.\u00a0 Additionally, Plaintiff claims that Defendants\u2019 marketing of its products established an express warranty by creating reasonable expectations that the products would contain the represented ingredients, which was subsequently breached.<\/p>\n
Plaintiff also alleges that Defendants breached their product\u2019s implied warranty of merchantability because their supplements were defectively designed and were unfit for their intended and ordinary purpose.\u00a0 Further, Plaintiff claims that by misrepresenting the ingredients in its supplement products, Defendants inequitably and unjustly profited off misinformation given to its consumers.\u00a0 Plaintiff also argues that Defendants were negligent in making these misrepresentations because they had no reasonable basis upon which they could have made their representations.<\/p>\n
Finally, Plaintiff claims that Defendants violated New York\u2019s General Business Law, which makes it unlawful to commit an unfair or deceptive practice in commerce.\u00a0 Specifically, Plaintiff argues that Defendants were deceptive in how they designed, packaged, marketed, distributed, and sold their misbranded supplements.<\/p>\n
We are seeking to represent all consumers who have purchased Defendants\u2019 \u201cFinest Nutrition\u201d brand Gingko Biloba, St. John\u2019s Wort, Ginseng, and Echinacea.\u00a0 Eligible participants should contact us in order to join the case.\u00a0 For additional information, please call the litigation attorneys at Fitapelli & Schaffer, LLP at (212) 300-0375.<\/p>\n","protected":false},"excerpt":{"rendered":"
On February 11, 2015, Fitapelli & Schaffer, LLP filed a class action lawsuit in the United States District Court for the Southern District of New York against the owners of Walgreen Co. and Duane Reade Inc. (collectively, \u201cDefendants\u201d) on behalf of all consumers nationwide who have purchased the following \u201cFinest Nutrition\u201d brand supplements: Gingko Biloba, St. John\u2019s Wort, Ginseng, and Echinacea.
\nThe lawsuit alleges that Defendants, owners of the largest drug retailing chain in the United States, misbranded the aforementioned …<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":"","_links_to":"","_links_to_target":""},"categories":[23],"tags":[],"class_list":["post-760","post","type-post","status-publish","format-standard","hentry","category-class-action"],"yoast_head":"\n