fbpx

Thermofight Drug-Like Claims and Unfair Billing Class Action

Supplements do not need to be approved by the Food and Drug Administration as long as they do not make drug-like claims. The complaint for this class action takes issue with Thermofight, pills that purportedly use a “thermogenic weigh[t] loss formula” to help customers rapidly lose weight. The complaint brings suit against It Works Marketing, Inc. and It Works! Global, Inc., and the founder and CEO of the two companies, claiming that Thermofight is misbranded and “an unapproved new drug.”

Two classes have been defined for this action:

  • The Thermofight Class is all individuals who bought Thermofight in the US for personal or household use and not for resale, from September 1, 2017 to the present.
  • The Automatic Billing Class is all individuals the defendants in this case charged under their automatic renewal program in the US from September 1, 2017 to the present.

The complaint quotes the United States Code: “The term ‘drug’ means … (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals.”

The complaint shows a bottle of the Thermofight pills, claiming that deceptive statements on it include “Next Gen Fat Burn 2.0” and “Thermogenic Weight Loss Formula.” The complaint claims that these present Thermofight as a drug.

The Thermofight website also makes claims that the complaint quotes:

  • “extraordinary impact”
  • “designed to boost your metabolism and melt away fat.”
  • “contains Caffeine and Jalapeno Pepper to help you achieve and maintain an ideal fatburning mode”
  • “Uses a clinically proven weight-loss ingredient that helps you lose an average of 31 pounds in 90 days!”

The complaint quotes the US Code as saying, “No person shall introduce or deliver for introduction into interstate commerce any new drug…” without the FDA’s approval—and, it says, the makers of Thermofight have not received approval from the FDA to sell Thermofight.

While dietary supplements are entitled to a lower level of regulation, the complaint claims that Termofight does not qualify for that treatment: “The claims on the Thermofight label, website, and Amazon page do not relate to any classical nutrient deficiency, and [It Works] does not have substantiation that its statements are truthful and not misleading…”

Two other charges the complaint makes are that It Works has paid for fake reviews for Thermofight, and that uses unfair billing methods to charge consumers unauthorized “membership” fees.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Thermofight Drug-Like Claims and Unfair Billing Complaint

September 3, 2021

Supplements do not need to be approved by the Food and Drug Administration as long as they do not make drug-like claims. The complaint for this class action takes issue with Thermofight, pills that purportedly use a “thermogenic weigh[t] loss formula” to help customers rapidly lose weight. The complaint brings suit against It Works Marketing, Inc. and It Works! Global, Inc., and the founder and CEO of the two companies, claiming that Thermofight is misbranded and “an unapproved new drug.”

Thermofight Drug-Like Claims and Unfair Billing Complaint

Case Event History

Thermofight Drug-Like Claims and Unfair Billing Complaint

September 3, 2021

Supplements do not need to be approved by the Food and Drug Administration as long as they do not make drug-like claims. The complaint for this class action takes issue with Thermofight, pills that purportedly use a “thermogenic weigh[t] loss formula” to help customers rapidly lose weight. The complaint brings suit against It Works Marketing, Inc. and It Works! Global, Inc., and the founder and CEO of the two companies, claiming that Thermofight is misbranded and “an unapproved new drug.”

Thermofight Drug-Like Claims and Unfair Billing Complaint
Tags: Deceptive Advertising, Deceptive Labels, Drug-Like Claims