All Day Energy Greens Contamination and Mislabeling Class Action

Supplements don’t always do what they’re purported to do, but most of us assume they’re harmless. The complaint alleges that Bactolac Pharmaceutical, Inc. and NaturMed, Inc. (IVL) designed, made, and sold the supplement All Day Energy Greens as an all-natural energy drink, but claims that in reality it did not provide more energy and sickened or killed some customers.

The Nationwide Class for this action is all persons in the US who bought one or more canisters of All Day Energy Greens from one of the 99 lots that were recalled by NaturMed on March 18, 2016. Statewide classes have also been proposed for Arizona, Florida, New York, and Washington.

NaturMed, Inc. designed the supplement and hired Bactolac to manufacture it. Bactolac was to make the product according to NaturMed’s formulations, then package and ship it to NaturMed, which then marketed it.

The drink was supposed to “Increase[] Energy” and “Improve Digestion,” but the complaint alleges that “it consisted of a dangerous mixture that resulted in serious illness and/or death among those who consumed it.”

According to the complaint, the companies began receiving complaints of illness or gastrointestinal distress as early as September 2014. However, they did not recall it at the time and continued to sell it.

The complaint alleges that, Bactolac did not follow the formulas for All Day Energy Greens. According to the complaint, NaturMed did not test any of the lots it received to ensure that the contents were as expected.

In December 2014, the complaint says, NaturMed undertook to monitor Bactolac’s manufacturing process on Long Island. The complaint claims that Bactolac did not fully cooperate: “NaturMed claims that it could not track the source of Bactolac’s raw materials to ensure they were genuine and of good quality.”

Eventually, NaturMed conducted DNA plant species tests of the product. While the label listed thirty-four plant species, the testing revealed over ninety-two species in the actual product. Also, the complaint says, “In some tested lots, 15 of the ingredients that were supposed to be in the product were not detected at all.”

The complaint says a former employee of Bactolac “has since testified under oath that during the relevant time period, his supervisors instructed him to blend in certain added ingredients to make All Day Energy Greens appear greener.” Similarly, although a variation called All Day Energy Greens Fruity required the addition of a pineapple; the employee testified that he was told to add pineapple powder or cheaper fruit.

Finally, the employee testified that “conditions in Bactolac’s facility … were unsanitary, and did not comply with relevant health and safety standards.” Equipment was not properly cleaned or washed, allowing dirt and bacteria to enter the product.

NaturMed finally recalled the product in March 2016. The complaint alleges that “it did not sufficiently conduct an investigation of Bactolac’s practices until long after its March 2016 recall. Indeed, these steps were not taken until NaturMed has been sued by customers it sickened.”

Article Type: Lawsuit
Topic: Consumer
Tags: Contamination During Preparation or Use, Deceptive Labels, Supplements