Santa Clara, CA: A consumer fraud class action lawsuit has been filed against Post Holdings Inc, over allegations the company misleads consumers into purchasing its line of liquid dietary supplements through claims the products have benefits for joint health.
Filed by Connecticut resident Donna Lux, the complaint states that Premier Nutrition Corp’s., nationwide marketing campaign has violated Connecticut state’s Unfair Trade Practices Act by claiming its Joint Juice dietary supplements improve joint health and relieve joint pain, despite scientific evidence to show that this is not the case.
“Despite clinical studies that show the ingredients in defendant’s Joint Juice products are ineffective, defendant conveyed and continues to convey one uniform health benefits message: Joint Juice supports and nourishes cartilage, ‘lubricates’ joints, and improves joint comfort in all joints in the human body, for adults of all ages and for all manner and stages of joint-related ailments,” the complaint states.
The suit asserts that Premier Nutrition has sold Joint Juice products since 1999, offering drink-mix packets, 8-ounce beverage bottles and 16-serving Easy Shot bottles that are available at retailers like Walmart, Target and Costco.
According to the plaintiffs, information on the products’ packaging highlights a 1,500 milligrams of glucosamine hydrochloride and another active ingredient, chondroitin sulfate, found per serving, and the company’s extensive marketing campaign reinforces the ingredients’ supposed health benefits.
By way of example, the plaintiff cites advertising in which Joint Juice spokesman Joe Montana specifically mentions the ingredients in a nationwide television commercial. During the commercial, he states that the glucosamine and chondroitin lubricate and cushion the cartilage in his joints so he can move more easily.
“Further adding unfounded credibility to the deceptive claim, the Joint Juice advertisement also states that Joint Juice ‘was originally developed by an orthopedic surgeon for pro athletes,’” the complaint states. “According to defendant, ‘glucosamine and chondroitin have been proven to help maintain joint function and mobility.’”
According to the suit, scientific studies have demonstrated that glucosamine isn’t effective in providing the joint benefits Premier Nutrition claims, either alone or in combination with ingredients like chondroitin.
Though Premier Nutrition knew that well-conducted studies have shown the ingredients to be ineffective, the company continues to tout the products’ supposed health benefits, misleading consumers into buying items they wouldn’t have purchased had they known the truth, the suit claims.
The plaintiff seeks to represent a proposed class of people who bought Joint Juice products in Connecticut, and requests actual, punitive and statutory damages, injunctive relief, attorneys’ fees and costs, and pre- and post-judgment interest.
The plaintiff is represented byTimothy G. Blood, Leslie. E. Hurst and Thomas J. O’Reardon II of Blood Hurst & O’Reardon LLP, Todd D. Carpenter of Carlson Lynch Sweet Kilpela & Carpenter LLP, Adam J. Levitt and Edmund S. Aronowitz of Grant & Eisenhofer PA and Joseph J. Siprut of Siprut PC. The suit is Donna Lux et al. v. Premier Nutrition Corp., suit number 4:16-cv-06703, in the U.S. District
