Elations Joint Supplement Deceptive Health Benefits Class Action Lawsuit

This lawsuit alleges that The Elations Company LLC  (Elations) falsely and deceptively advertised a supplement beverage as having beneficial effects on joint health, in violation of California consumer protection laws.

Elations, an Ohio based corporation, manufactures, markets, sells, and distributes markets a glucosamine/chondroitin supplement beverage it advertises as “Elations Daily Joint Supplement Drink”. The  purported active ingredients in the drink are glucosamine hydrochloride, chondroitin sulfate and boron. In its marketing and advertising for Elations, including the product packaging and Elations website, the company describes the drink as containing a “clinically proven combination” and “clinically proven formula” that has certain joint health benefits. 

California resident Robert McCrary, who experiences arthritic joint pain, purchased a 30-day supply of Elations at CVS in 2011. McCray purchased the product after reviewing the packaging of a beverage 6-pack that claimed that Elations contained a “clinically-proven formula” and “clinically-proven combination” of chondroitin and glucosamine McCrary followed all directions for product use but received none of the advertised benefits.

McCrary filed suit against Elations in 2013 (U.S. District Court for the Central District of California) seeking class action certification, on behalf of himself and others who purchased Elations from May 2009 through December 2012.  The complaint alleges that the claimed benefits and uses of Elations constitute false and misleading advertising because Elations is not “clinically proven” and the product does not (because it cannot) work as represented.  Elations advertising is claimed to deceptively link product active ingredients to the characteristic signs and symptoms of osteoarthritis (i.e. breakdown of cartilage leading to joint pain and stiffness). The complaint claims Elations was aware from its own studies dating back to 2002 confirming the product did not work, but that the company  continued to aggressively advertise false product benefits and obtained unjust enrichment from consumer purchases made in reliance on the false and deceptive claims.

The class action suit charges Elations with false and misleading advertising, unlawful and fraudulent conduct, in violation of California’s Consumer Legal Remedies Act, False Advertising Law and Unfair Competition Law.   Elations, and seeks an injunction, restitution, actual and punitive damages, and attorney fees.

 

 

Article Type: Lawsuit
Topic: Consumer
Tags: Claims Unsupported By Scientific Evidence, Deceptive Advertising, Deceptive Labels