Laura Schultz  |  September 1, 2015

Category: Consumer News

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vitamin supplements

A new federal lawsuit has been filed against Basic Research, the manufacturer and marketer of a weight loss supplement called Vysera-CLS. According to the lawsuit, Basic Research violated consumer protection laws and intentionally made false assertions about the effectiveness of their weight loss supplement.

The dietary supplement lawsuit was filed in the United States District Court for the Southern District of New York. Basic Research has advertised Vysera-CLS as a miracle weight loss pill. According to Basic Research’s marketing, consumers taking the dietary supplement will drop pounds without even having to diet or exercise. The company says the pill blocks the absorption of carbohydrates which allows users to eat “a whole donut, but only absorb a fraction of the calories.” Due to these claims the pill is often marketed as the “cupcake diet.”

However, according to the lawsuit filed by the plaintiff Adelaide S., these assertions promising a weight loss miracle are not true. Her lawsuit alleges that scientific research has continually shown that substantial weight loss though the mal-absorption of calories without changes in diet and exercise is not scientifically feasible.

Adelaide is currently asking the court to certify her claims as a class action lawsuit. In order for a court to enable a class for a class action lawsuit, the primary plaintiff must meet certain criteria. This criteria can vary in different jurisdictions and between states. Generally, in order to achieve class certification, a plaintiff must show that 1) the class is numerous, 2) the class shares questions of law or fact, 3) the claims of the class representative are typical of the rest of the class, and 4) that the class representative will fairly and adequately protect the interests of the rest of the class.

Adelaide is also seeking damages in the amount of more than $5 million dollars, along with attorneys fees and other court costs.

Her Dietary Supplement Lawsuit is Case No: 1:15-cv-04945, in the U.S. District Court for the Southern District of New York.

Overview of Consumer Protection Lawsuits

There have been numerous lawsuits filed against several homeopathic and dietary supplement product manufacturer claiming that these multi-billion dollar industries profit immensely from promising to treat and/or prevent any illness or ailment. Unfortunately, complain critics, homeopathic and dietary supplement companies are filled with fraud and deception, promising consumers impossible results and cures. Many of these companies have already been forced to settle legal claims for misleading consumers about the benefits and effects of their products.

Consumer protection attorneys are currently looking for potential plaintiffs to bring consumer protection lawsuits against homeopathic and dietary supplement companies. Lawsuits like these help hold companies accountable for their actions and remind them that they owe consumers a specific duty of care.

Plaintiffs bringing consumer protection lawsuits will likely have the option of bringing a lawsuit individually or as a member of a class action lawsuit. An individual lawsuit has the benefit of offering the plaintiff more autonomy over the claim, while class action lawsuits help spread the cost of litigation. This is a decision that should be made on a case by case basis with the advice of a legal professional.

Join a Free Homeopathy or Dietary Supplement Fraud Class Action Lawsuit Investigation

If you purchased a homeopathic or dietary supplement product that failed to perform as advertised, chances are you’ve been the victim of homeopathy or dietary supplement fraud. You may have a claim to seek compensation through a consumer protection class action lawsuit.

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