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Performix SST Timed Release Metabolism Claims Class Action

Supplements may not make claims that imply that they are drugs. Legal requirements exist for the labeling and sale of supplements to ensure that consumers are not misled. The complaint for this class action alleges that Performix, LLC does not properly label its SST Timed Release Metabolism Supplement, thus making the product misbranded and violating federal and California state food and drug laws.

The Nationwide Class for this action is all residents of the US who bought the product through the date the class is certified in this case. A California Subclass has been defined for residents of that state.

The Federal Food, Drug, and Cosmetic Act of 1938 (FFDCA), amended by the Dietary Supplement Health and Education Act of 1994 (DSHEA), and their associated regulations, govern the labeling and sale of dietary supplements. These requirements are also part of California’s Sherman Food, Drug, and Cosmetic Law.

Part of the definition of a drug is an “article[] intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals: or an “article[] intended to affect the structure or any function of the body of man or other animals.” Drugs must go through an intensive process of testing and approval by the FDA.

Structure/function claims for supplements claims are claims that “describe[] the role of a nutrient or dietary ingredient intended to affect the structure or function in humans, [or that] characterize[] the documented mechanism by which a nutrient or dietary ingredient acts to maintain such structure or function[.]” When supplements make such claims, the label must carry the required disclaimer on every panel displaying such claims.

This disclaimer, called the DSHEA Disclaimer is to be prominent and printed in a bold font. It must say, “These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”

The complaint alleges that Performix’s SST Timed Release Metabolism Supplements make structure/function claims without displaying the required disclaimer.

For example, the complaint quotes the product’s left panel as saying, under the heading “Energy and Metabolism,” that “Performix SST is powered by Caffeine and Capsimax to accelerate your body’s metabolism, provide sustained energy, and support fat breakdown.”

It also says, “The inclusion of clinically-tested Capsimax, a naturally-derived, highly active concentrate of natural capsaicin which has been shown to increase resting energy expenditure by about 100 calories a day, allows Performix SST to accelerate your own body’s metabolism to provide energy.”

A third claim is made under the heading “Focus,” saying, “Performix SST is powered by Caffeine, Teacrine, and Sensoril to promote focus, clarity, concentration, and alertness.”

The complaint alleges that none of the panels that bear these claims shows the DSHEA Disclaimer.

The complaint states, “Misbranded dietary supplements and/or unapproved drugs are unlawful and cannot be sold legally under federal and identical California law.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Performix SST Timed Release Metabolism Claims Complaint

August 20, 2021

Supplements may not make claims that imply that they are drugs. Legal requirements exist for the labeling and sale of supplements to ensure that consumers are not misled. The complaint for this class action alleges that Performix, LLC does not properly label its SST Timed Release Metabolism Supplement, thus making the product misbranded and violating federal and California state food and drug laws.

Performix SST Timed Release Metabolism Claims Complaint

Case Event History

Performix SST Timed Release Metabolism Claims Complaint

August 20, 2021

Supplements may not make claims that imply that they are drugs. Legal requirements exist for the labeling and sale of supplements to ensure that consumers are not misled. The complaint for this class action alleges that Performix, LLC does not properly label its SST Timed Release Metabolism Supplement, thus making the product misbranded and violating federal and California state food and drug laws.

Performix SST Timed Release Metabolism Claims Complaint
Tags: Deceptive Advertising, Deceptive Labels, Drug-Like Claims