Maker of Energy/Weight Loss Beverage Faces Class Action Claims

A putative class action has been filed in a federal court in California against the company that makes Redline® beverages and supplements, alleging that some of the ingredients cause “effects that go beyond the Product’s goal of energy enhancement and weight loss.” Aaronson v. Vital Pharms., Inc., No. 09-1333 (S.D. Cal., filed June 19, 2009).

While the product labels apparently warn consumers about potential effects such as rapid heartbeat, dizziness, headache, and shortness of breath, the named plaintiff contends that the warnings are inadequate. According to the complaint, the defendant markets the product as a drug without having obtained Food and Drug Administration approval.

Alleging violations of California consumer protection laws, fraudulent concealment, breach of express and implied warranties, negligence, and design and manufacturing defects, the plaintiff seeks to certify a nationwide class of product purchasers. The plaintiff also asks the court to enjoin the defendant’s deceptive marketing and award actual and punitive damages.