Bluebonnet Betaine Supplement Facing False Ad Class Action Lawsuit

Supplements derived from sugar beets may play a role in improving heart health and minimizing the risk for stroke, but a California man says in class action lawsuit that a Betaine supplement manufactured by Bluebonnet Nutrition Corp. does not contain the right enzyme and is falsely advertised as “derived from beets” because it is created synthetically.

The Betaine HC1 class action lawsuit alleges that the naturally occurring substance linked to heart health is Betaine anhydrous, while Bluebonnet’s Betaine HC1 supplements contain Betaine hydrochloride, which can only be synthetically created.

The Betaine class action lawsuit claims that the advertising and marketing for the Bluebonnet Nutrition Betaine supplement contains the “easily omitted” phrase “derived from beets” in its documentation, the class action lawsuit says. As a result, plaintiff Guy Kochlani and other purchasers were allegedly misled into believing that they were buying an all-natural product, and that the claims made by Bluebonnet Nutrition would mislead the average consumer who may not be able to distinguish between the naturally occurring Betaine anhydrous and reportedly synthetic Betaine hydrochloride.

Kochlani is seeking damages for a proposed Class of all persons in California who purchased Betaine supplements from Bluebonnet Nutrition within the past four years, for alleged violations of California’s Unfair Competition Law and False Advertising Law, among others. However, the class action lawsuit makes specific mention of the fact that the consumers would have relied not on labeling or information approved by the Food and Drug Administration, but rather the additional claims such as “derived from beets” and an “excellent natural vegetarian source” of Betaine, statements that “are voluntary” and allegedly result in the company misleading consumers.

Perhaps to avoid a claim of federal exemption, the plaintiffs’ claim is “predicated on the fact that the advertising and marketing, an extension of the label, is misleading and deceptive even if in compliance with the minimum requirements set forth by the FDA, as the FDA regulations set the floor or minimum requirements [which is necessary] …. but it is not sufficient to determine whether a product’s label is false and misleading, and simply does not provide a shield from liability.”

The plaintiffs are represented by class action lawyers Abbas Kazerounian and Jason A. Ibey from Kazerouini Law Group, APC and Joshua B. Swigart of Hyde & Swigart.

The Blubonnet Betaine Supplement Class Action Lawsuit is Guy Kochlani v. Bluebonnet Nutrition Corp., Case No. 14-cv-01539, U.S. District Court, Central District of California.