Anne Bucher  |  May 13, 2014

Category: Consumer News

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GNC TriFlexLast week, GNC Corp. asked a federal judge to dismiss multidistrict litigation (MDL) alleging the company falsely advertised the benefits of its TriFlex dietary supplement, arguing that the plaintiffs cited irrelevant studies to bolster their case and may have used the supplements improperly.

“Indeed, the plaintiffs here – who claim to be representative of and pursuing claims typical to the rest of the class – purchased minimal amounts of the product, often only a single bottle, and they have not identified any facts that they actually took the products and complied with all relevant directions,” GNC wrote in support of its motion to dismiss the TriFlex class action lawsuit. “They also have failed to introduce or even allude to any evidence that they personally did not enjoy any of the represented health benefits, such as regrowth of joint tissue.”

California plaintiff Michael Lerma filed the GNC TriFlex class action lawsuit last year. He argued that GNC TriFlex, TriFlex Fast-Acting and TriFlex Sport products are falsely advertised as containing a “clinical strength” formula that promotes “joint mobility and flexibility,” “protects joints from wear and tear,” and supports “joint comfort.”

In the TriFlex class action lawsuit, Lerma cited studies that demonstrated that glucosamine and chondroitin, the main active ingredients in the TriFlex products, were ineffective with regard to the joint health benefits touted on the product labels. Other similar class action lawsuits were filed against GNC, and in December 2013, the cases were centralized in MDL in Maryland.

In documents filed Friday in Maryland federal court, GNC argued that the TriFlex class action lawsuit should be dismissed because the plaintiffs failed to show that the representations on the supplements are false. Further, GNC argued that the plaintiffs did not provide or allude to any evidence that they personally did not enjoy any of the advertised TriFlex health benefits, such as regrowth of joint tissue.

“Rather than analyze impacts on overall joint health, mobility, and flexibility—the actual representations made by the Products—Plaintiffs’ studies examine only certain ingredients as they pertain to the treatment of osteoarthritis in major joints, such as the hip or knee,” GNC said. “Osteoarthritis, of course, is a serious chronic condition, a symptom of which can be severe joint pain; the Products, however, nowhere claim that they can or should be used to treat osteoarthritis, and in fact expressly disclaim such use.”

GNC argued that the plaintiffs never claimed that they suffered from osteoarthritis or that they expected the TriFlex supplements to be able to relieve the condition. Further, the supplement retailer claimed that the studies the plaintiffs’ presented focused on glucosamine and chondroitin but fail to mention other ingredients contained in the TriFlex supplements.

GNC is not the first supplement seller to be hit with a class action lawsuit related to its glucosamine supplements. Nutramax Laboratories Inc., Wal-Mart Stores Inc. and Rite-Aid Corp. are also facing class action lawsuits related to allegations that their joint health supplements do not deliver the promised results.

The plaintiffs are represented by Jeffrey I. Carton of Denlea & Carton LLP, Reginald V. Terrell of The Terrell Law Group, Elaine A. Ryan, Lindsey Gomez-Gray and Patricia N. Syverson of Bonnett Fairbourn Friedman & Balint PC, Benjamin J. Sweet and Edwin Kilpela Jr. of Carlson Lynch Ltd.

The GNC TriFlex Supplement False Advertising Class Action Lawsuit is In re: GNC Corp. TriFlex Products Marketing and Sales Practices Litigation (No. II), Case No. 1:14-md-02491, in the U.S. District Court for the District of Maryland.

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