OmegaBrite Class Action Claims AutoRefill Policy Violates Law

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Omega Natural Science Inc. has been hit with a class action lawsuit alleging it violated California law by making automatic renewal or continuous service offers without providing consumers with information about the terms or how to cancel the agreement.

Plaintiff Victoria Kissel filed the automatic renewal class action lawsuit on behalf of herself and others in California who purchased subscriptions for products such as OmegaBrite Gelcaps from Omega Natural Science.

“During the Class Period, Defendant made automatic renewal or continuous service offers to consumers in and throughout California and failed to provide an acknowledgement that includes the automatic renewal or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is being retained by the consumer in violation of [California’s Automatic Renewal Law],” Kissel alleges in the Omega Natural Science class action lawsuit.

“As a result, all goods, wares, merchandise, or products sent to Plaintiff and Class Members under the automatic renewal of continuous service agreements are deemed to be an unconditional gift pursuant to [the Automatic Renewal Law],” she continues.

According to the automatic renewal class action lawsuit, Omega Natural Science offers an “AutoRefill” monthly subscription for its OmegaBrite Gelcaps product at a price of $30.59 plus shipping and handling per month. The OmegaBrite Gelcaps purport to have the ability to improve “cardiac health,” “emotional wellbeing,” “joint health” and “cognitive clarity.”

After a customer signs up for the OmegaBrite subscription, Omega Natural Science sends documents titled “OmegaBrite thanks you” but allegedly fails to provide information about the terms of the automatic renewal service or the cancellation policy.

When sending confirmation of the OmegaBrite AutoRefill subscription, Omega Natural Science should have provided customers with information such as a toll-free number, e-mail address, postal address (if the seller directly bills the customer), or other cost-effective and easy-to-use mechanism for cancelling the automatic renewal or continuous service terms, Kissel alleges in the OmegaBrite class action lawsuit.

“As a direct and proximate result of Defendant’s unlawful, and/or unfair acts and practices described herein, Defendant has received, and continues to hold, unlawfully obtained property and money belonging to Plaintiff and Class Members in the form of payments made for subscription agreements by Plaintiff and Class Members,” the OmegaBrite class action lawsuit says. “Defendant has profited from its unlawful and/or unfair acts and practices in the amount of those business expenses and interest accrued thereon.”

Kissel’s OmegaBrite AutoRefill class action lawsuit asserts violations of California’s Automatic Renewal Law and Unfair Competition Law. Kissel seeks damages, restitution, declaratory relief, injunctive relief and reasonable attorneys’ fees and costs.

The plaintiff is represented by Gillian L. Wade of Milstein, Adelman, Jackson, Fairchild & Wade LLP and Scott J. Ferrell, Richard H. Hikida, David W. Reid and Victoria C. Knowles of Newport Trial Group APC.

The Omega Natural Science Automatic Renewal Class Action Lawsuit is Victoria Kissel v. Omega Natural Science Inc., Case No. 2:16-cv-02770, in the U.S. District Court for the Central District of California.