Michael A. Kakuk  |  May 18, 2016

Category: Consumer News

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GNC Fake Sale Class ActionA class action filed on May 17 accuses health and dietary supplement retailer General Nutrition Centers Inc. of advertising false “regular” and “sale” prices of products on its website, www.gnc.com.

“The advertised discounts were nothing more than mere phantom markdowns because the represented ‘regular’ prices were artificially inflated and were never the original or market prices for products sold through the Website,” according to the complaint.

The GNC false “sale” price class action lawsuit alleges that GNC violated state consumer protection laws through its “false, misleading and deceptive marketing, advertising and pricing scheme.” The complaint states that all products “on sale” on the GNC website have a “regular price” that is in black font and contains a strikethrough, and a “sale price” in red font.

However, both prices are misleading and deceptive, claims the class action, because the “sale price” is often “the same as, or above, the products’ actual market and/or former price,” and “many, if not all of the ‘on sale’ products located on Defendants’ Website have never been sold at their ‘regular’ price.”

Plaintiffs Ashley Gennock and Daniel Styslinger each claim that they visited the GNC website in April of 2016 and purchased whey protein products because they were supposedly on sale. Gennock asserts that the product she purchased was advertised by GNC as $29.99 on sale, with a regular price of $53.99. Similarly, Styslinger claims that the product he purchased had a “sale price” of $29.99, and a “regular price” of $49.99. Both plaintiffs claim that they relied on those advertised sale prices, and “would not have purchased the items without the misrepresentations made by Defendants.”

The class action lawsuit contends that other consumers were similarly deceived by the false prices on the GNC website. The complaint alleges that consumers would not have purchased GNC products if they had known the advertised “sale” prices were actually at or above the real regular prices for those items. “Plaintiffs and the class members would not have made such purchases but for Defendants’ representations of fabricated ‘regular’ prices and false discounts,” according to the GNC false “sale” price class action lawsuit.

This isn’t the first class action lawsuit that has accused GNC of engaging in deceptive online pricing.  Plaintiff J.K. of California filed a GNC lawsuit earlier this month over allegations that she bought items online that were advertised as being “discounted,” however the items she purchased were allegedly never offered for sale at the higher original price.

Gennock and Styslinger seek to represent a Class of all persons who “purchased products at a discount” from the GNC website in states with consumer protection laws similar to Pennsylvania’s. The complaint lists 40 other states and the District of Columbia that have similar consumer protection statutes, and thus are part of this class action. The class action seeks restitution for consumers allegedly harmed by GNC’s deceptive advertising, as well as a court order requiring GNC to stop its false advertising and force it to do a “corrective advertising campaign.”

The plaintiffs are represented by Benjamin J. Sweet, R. Bruce Carlson, Gary F. Lynch, Edwin J. Kilpela, and Todd D. Carpenter of Carlson Lynch Sweet Kilpela & Carpenter, LLP.

The GNC False “Sale” Price Class Action Lawsuit is Ashley Gennock, et al. v. General Nutrition Centers Inc., et al., Case No. 2:16-cv-00633, in the U.S. District Court for the Western District of Pennsylvania.

UPDATE: On Aug. 6, 2019, General Nutrition Centers agreed to pay $6 million to settle three class action lawsuits that claim GNC advertised fake markdowns online to trick consumers into thinking the items were on “sale.” 

UPDATE 2: October 2019, the GNC fake sale class action settlement is now open. Click here to file a claim.

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2 thoughts onGNC Class Action Lawsuit Says ‘Sale’ Prices are Misleading

  1. lyndon says:

    I want in

    1. Ray says:

      I want in but the site blocks you from submitting a form, what a bs. Who getting all the money the lawyers or the company.

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