New York, NY: Kendra Wilkinson, the former star of "The Girls Next Door"and "Kendra,"is facing a consumer fraud class action lawsuit over allegations she advertised a fat loss supplement that is ineffective and possibly dangerous to people' health. The other named defendants in the consumer fraud lawsuit are marketer Corr-Jensen Inc, and nutritional supplement retailer GNC Corp.
Filed by Adam Karhu, the lawsuit, entitled Karhu v. Corr-Jensen Labs Inc. et al., Case No. 13-cv-03583, in the U.S. District Court for the Eastern District of New York, claims the diet supplement "Ab Cuts"(Abdominal Cuts) fat loss supplement was advertised by Wilkinson as a "a health supplement, not a diet pill,"which was false and misleading.
Wilkinson promotes Ab Cuts on her website and through Facebook and Twitter, in addition to appearing on almost all product promotions, including appearances on talk show appearances and in celebrity magazines. According to the lawsuit, Wilkinson makes paid appearances at GNC stores across the country, claiming that Ab Cuts is her "I-Cheat-Every-Day Diet."
The Ab Cuts product line has 11 different dietary supplement products all made with the same active ingredient, conjugated linoleic acid ("CLA"). According to the product advertising, CLA promotes fat and weight loss.
Further, the lawsuit alleges the defendants claim that Ab Cuts will deliver a "3.1% reduction in body fat percentage,""amplified metabolism,"and "overall physique enhancement."According to the official Ab Cuts website the products are a healthy supplement that can "assist with body-fat reduction (particularly in the abdominal area), healthy metabolism, antioxidant supply and anti-inflammatory assistance."The lawsuit alleges these claims are false and misleading, and that CLA may actually increase the risk of type 2 diabetes, cardiovascular disease and hypertension.
Putative members of the lawsuit include anyone in the US who bought Ab Cuts, excluding people who purchased the products for resale. The lawsuit alleges breach of express warranty, breach of the implied warranty of merchantability, unjust enrichment, violation of the Magnuson Moss Warranty Act, and for violation of New York' consumer protection laws.
The plaintiffs are represented by Scott A. Bursor, Joseph I. Marchese, Neal J. Deckant and Yitzchak Kopel of Bursor & Fisher PA.
