Class Claims Filed for Deceptive Marketing of “Functional Food”
A Texas resident has filed a putative class action in a New Jersey federal court against the manufacturer of a fruit blend, which he alleges is falsely advertised as a product that helps control blood pressure and flush sodium. Slaughter v. Unilever United States, Inc., No. 09-2072 (D.N.J., filed May 1, 2009). At issue is Unilever’s SuperShots®, a fruit blend in three flavors sold in small “shot”-sized bottles. Each contains 350 mg of potassium and is allegedly promoted as a functional food that “will enable consumers to help control blood pressure and flush sodium from their bodies.” According to the complaint, the product does not have this effect and has not been subjected to any clinical trials.
The plaintiff seeks to certify a nationwide class of product purchasers and alleges violations of New Jersey’s Consumer Fraud Act, breach of implied and express warranties and unjust enrichment. He seeks restitution, disgorgement, monetary and statutory damages including treble damages, injunctive relief, costs, and attorney’s fees. Listing other foods that cost considerably less than SuperShots® and contain significantly higher amounts of potassium, the complaint alleges, “Plaintiff and members of the Class would not have purchased SuperShots, or would have paid significantly less for SuperShots, but for Unilever’s deceptive and misleading advertising.”
