ZMB’s Xanrelax and Addall Mislabeling and Illegal Ingredients Class Action

This class action alleges that ZMB Enterprises, LLC is selling products that are not legal to sell. The complaint alleges that ZMB makes its Xanrelax and Addall products with illegal ingredients, and markets them with misleading names designed to remind consumers of the popular products Xanax and Adderall.

The National Class for this action is all persons in the US who bought any of the products, for personal use and not for resale, within the US, during the fullest period allowed by law. An Illinois State Subclass has been proposed for persons in the above class in Illinois who bought the products in Illinois.

According to the complaint, the Xanrelax product contains an illegal dietary ingredient, kratom; and the Addall product contains the illegal dietary ingredient beta-phenyl-GABA, also known as phenibut. The complaint therefore alleges that the products are mislabeled as dietary supplements.

The complaint alleges, “The [Food and Drug Administration (FDA) recently has seized dietary supplements and bulk dietary ingredients that contain [k]ratom.” The complaint quotes the FDA as saying, “There is substantial concern regarding the safety of kratom, the risk it may pose to public health and its potential for abuse… Further, there are currently no FDA-approved uses for kratom.”

The complaint also alleges, “The FDA recently stated that products that contain [p]enibut are not legal dietary supplements.” It quotes the FDA as saying, “The FDA also issued 3 warning letters to companies whose products are marketed as dietary supplements and labeled to contain phenibut. … Phenibut does not meet the definition of a dietary ingredient under the Federal Food, Drug, and Cosmetic Act (FD&C Act). Products labeled as dietary supplements that list phenibut as a dietary ingredient are misbranded.

“The labels of the products are therefore misleading because the Products are not dietary supplements[,]” the complaint claims. It adds, “The introduction of adulterated and misbranded food into interstate commerce is prohibited under the FDCA and the parallel state statute cited in this Complaint.”

In addition, dietary supplements should not bear “disease claims.”

The complaint alleges that ZMB “deliberately” markets Xanrelax and Addall with names that consumers are likely to associate with Xanax and Adderall, respectively. The complaint alleges this “is intended to induce consumers to believe” that the ZMB products “offer similar medicinal benefits” to the original prescription-drug products.

ZMB claims its Xanrelax and RelaxAid products help consumers “Chill the Day Away,” “deliver a euphoric relaxation,” and “calms and elevates mood.” It even promises that Xanrelax “is specifically formulated to help promote calm and relaxation similar to a feeling of alprazolam (‘generic Xanax’)[.]”

Labels for the Addall products claim it provides “Improved Concentration” and that it helps “Increase Mental Focus” and “Increase Energy[.]” The complaint alleges that these and other statements on the label and the company’s website “imply that the Addall Products cure, prevent, or treat … attention deficit hyperactivity disorder (‘ADHD’).”

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Misbranding