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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.
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42 thoughts onAll Day Energy Greens Class Action Says ‘Superfood’ Drink is Toxic
I have not taken this for years but hearing this makes sense. I would violently throw up about half hour after drinking it and couldn’t understand why because I thought I was drinking something healthy. I also would love to be included in the class action.
Hello how are you and I wanted to know if you Receive any payment yet my dad was also taking this & it also caused him to get cancer
I took All day energy greens because I felt sick several days later. Just came across my jar and pulled up this sight. I wish to be included….thankful I stopped taking but wasted money on it
I would like to be included in the lawsuit. I was having unusual stomach aches but didn’t tie it to the day energy greens. When I ran out the last time, I started to feel better please include me in the lawsuit.
Some of these are clearly fake. Someone said they had 50 cans….???? Really? They’re $25 a pop if you buy in bulk. People WILL have problems with this because it contains stevia which is a natural sweetener. The stevia plant is a relative to the ragweed plant. If you’re even a little bit allergic to ragweed, taking this won’t be the best idea, and you’re going to have stomach issues for sure.
Please add me to lawsuit,,,, I’ve had stomach problems since taking it,,,, I returned a large # to company and was supposed to recover reimbursement which I nvr did,,,, I still hv more canisters,,,, I’d b happy to speak with attny,,,, thank you
I took All Day energy greens for years,was always so healthy
I was diagnosed with mylodisplastic syndrome two and one half years ago.
Had a stem cell transplant last July
I wonder if this product could have caused it
Please include me in lawsuit,,,, I became very sick from the problem with intestinal issues,,,, I had about 50 cans,,, they had told me to return it for refund and damages which I never received,,,, I have the paperwork and still have 5 cans,,,, please include me,,,, thank tou
I have been using All Day Energy Greens for over 8 years and in that 8 years my white blood count has been going up and now I have been diagnosed with Chronic Lymphocytic Leukemia. I have to wonder if this product has attacked my immune system to this level. I just happened onto the information that it’s toxic and was recalled. I at least want all the money back that I’ve spent on this!
In 2015, I bought All Day Energy Greens in multiple purchase discounted price. I stumbled onto this article and have to wonder if this is the missing puzzle piece that sure seems to fit. My body experienced heart palpitations, nausea, diarrhea, many GI symptoms, headaches, medications stopped working properly, hormonal imbalances occurred, muscle contractions, seizures (I never had seizures prior to). I was in ER two times in one week with only TSH showing abnormal. It was a nightmare. It was an excruciating battle which I have never fully recovered from. Only unopened containers were allowed to be returned for a refund. You bet I returned them. I have never received any recall information on this product. Difficult to have the mental anguish of being misled and health has not restored to previous state. It is inexcusable and deplorable to not receive any recall information. Illinois resident.
I have been using this and I have noticed I now have sever diarrhea and am always thirsty didn’t know there was a lawsuit am throwing this away.