All Day Energy Greens Class Action Says ‘Superfood’ Drink is Toxic

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NaturMed, the maker of the popular All Day Energy Greens, has been hit with a class action lawsuit by a grieving widow who says the superfood drink is not fit for consumption as it contains harmful toxic substances.

According to the NaturMed class action lawsuit, All Day Energy Greens is marketed as an “all natural energy drink” with “no chemical additives” that “Naturally Increases Energy, Improves Digestion, Rich in Antioxidant Superfoods, Supports Weight Management” and “helps support healthy digestive function,” among other claims.

However, plaintiff Kaye Wink says that these representations are false and materially misleading because All Day Energy Greens contain substances known to be harmful or toxic when ingested by human beings.

Wink cites a recent 2015 recall initiated by NaturMed in the state of California for various lots of its dietary supplements based on their contamination with toxic substances.

The lawsuit states that various lots of All Day Energy Greens contain active bacteria and other contaminations, which can cause nausea, vomiting, diarrhea, dehydration, coma, and even death.

Wink filed the class action on behalf of her deceased husband and other consumers in the state of Kentucky who purchased All Day Energy Greens relying on representations made by NaturMed that the dietary supplement was safe, effective, immune enhancing, and beneficial.

“In reality, Defendant’s All Day Energy Greens were hazardous for human consumption and could cause severe, chronic illness, bodily impairment, and death – none of which were disclosed to California consumers nor any other consumers. More importantly, Defendant’s recall of All Day Energy Greens was not published for the benefit of Kentucky consumers,” the lawsuit states.

According to Wink, her late husband ingested All Day Energy Greens and in August 2015 began to experience severe abdominal pain.

In September and October Mr. Wink visited multiple doctors regarding his pain, including a gastroenterologist who performed numerous test to determine the cause of his abdominal pain. However, prior to full treatment of his abdominal pain, Mr. Wink passed away in his sleep on Oct. 27, 2015.

His surviving wife is bringing claims for violation of the Kentucky Consumer Protection Act, stating that NaturMed’s actions in promoting All Day Energy Greens is deceptive and unfair and that the company had a direct responsibility to warn consumers about the risks of consuming the supplement when they became aware of the dangerous and defective nature of the product in July 2015.

“Defendant did not issue any public notification that members of the public should not consume its supplements due to the risk of severe health problems,” the All Day Energy Greens class action lawsuit states.

Wink is seeking to represent a certified Class of Kentucky consumers who were led to believe that All Day Energy Greens were safe to consume when it fact they contained harmful, toxic ingredients. She is asking for actual and punitive damages in an amount to be determined by a jury.

Additionally, Wink is requesting a permanent injunction against the continued manufacture, distribution and sale of the contaminated dietary supplements.

Wink is represented by Tim Edwards and Kevin M. McCormack of Ballin, Ballin & Fishman P.C.; Frank L. Watson, III and William F. Burns of Watson Burns, PLLC.

The All Day Energy Greens Class Action Lawsuit is Kaye Wink v. NaturMed Inc., d/b/a the Institute for Vibrant Living, Case No. 4:16-cv-90-JHM, in the U.S. District Court for the Western District of Kentucky, Owensboro Division.