Miami, FL: Accera Inc. is facing a consumer fraud class action lawsuit over allegations of false advertising of its Axona shake beverages. Specifically, the lawsuit claims that Axona is advertised as a "medical food"that' effective in treating symptoms of Alzheimer' disease.
Filed by plaintiffs Max and Sandra Goldfarb, the couple claim they were misled into buying Axona, because it is advertised as a "prescription medical food"that can enhance memory and cognition in mild and moderate Alzheimer' cases. The class action lawsuit states these claims are untested and Axona did not work as advertised.
The lawsuit further states that Accera advertises the Axona beverage as a "medical food"as this allows the company to avoid doing studies which would prove the effectiveness of the product. The US Food and Drug Administration does not require studies prior to the sale of the public of medical food products, according to the lawsuit.
The class action seeks to represent all consumers who, from May 27, 2010 to the present purchased in Florida for consumption and not resale Accera' Axona Alzheimer' product.
The plaintiffs are represented by Lance A. Harke and Howard M. Bushman of Harke Clasby & Bushman LLP, by Thomas A. Tucker Ronzetti and Adam M. Moskowitz of Kozyak Tropin & Throckmorton PA and by Robert W. Rodriguez PA.
