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A class action lawsuit has been filed against Windmill Health Products by a consumer claiming that Country Farms Farm Fresh Nutrition natural supplements contain synthetic ingredients.
Plaintiff Ishmael Gatling says he relied on the defendant’s representations that the products were natural at the time of purchase. He claims he paid a premium for the products over comparable prices for items that did not purport to be natural.
The products at issue in the Country Farms Farm Fresh Nutrition class action lawsuit include: Country Farms Farm Fresh Nutrition Mighty Mushrooms, Country Farms Farm Fresh Nutrition Bountiful Beets Drink Mix Supplement, Country Farms Farm Fresh Nutrition Bountiful Beets Capsules, Country Farms Farm Fresh Nutrition Super Fruit & Veggies, and Country Farms Farm Fresh Nutrition Sprouts & Seeds.
Gatling claims that he purchased Country Farms Farm Fresh Nutrition Mighty Mushrooms and the Country Farms Farm Fresh Nutrition Bountiful Beets Drink Mix Supplement from retail stores, as well as Amazon. The packaging of the products that he purchased contained the representation that they were “natural.”
The defendant’s representations that the products are “natural” is misleading because the products ingredients include citric acid, silica, stearic acid, gelatin, magnesium stearate, and maltodextrin, Gatling explains.
The plaintiff claims that consumers lack the meaningful ability to test or independently ascertain or verify whether a product is natural. He says consumers would have to read the ingredients label in order to know the true nature of the ingredients in the products.
“Discovering that the ingredients are not natural and are actually synthetic requires a scientific investigation and knowledge of chemistry beyond that of the average consumer,” the Country Farms Farm Fresh Nutrition class action lawsuit goes on to say.
In addition, the plaintiff maintains that a reasonable consumer is not expected to look at the ingredients list to confirm that the product contains ingredients that would deem it as “natural.”
Gatling says that the defendant’s deceptive representations and omissions are material in that a reasonable consumer would attach importance to the ingredients list and would be induced to act upon this information when making purchase decisions.
Gatling goes on to say that the defendant’s false and misleading representations are likely to continue, as they have already deceived him and putative Class Members. He claims that the defendant knew that consumers would pay a premium for products labeled as “natural” over comparable products that were not labeled as such.
The plaintiff says he would not have paid as much as he did for the products if he had known that they contained synthetic ingredients. He claims that he paid for products that were “natural” but received products that were not “natural.” Thus, the products were less valuable than what was paid for.
“Defendant made its untrue and/or misleading statements and representations willfully, wantonly and with reckless disregard for the truth,” the Country Farms Farm Fresh Nutrition class action lawsuit states.
Gatling says that the natural superfood product’s packaging and labeling induced him to purchase the products and pay a premium price for them.
In addition, the defendant’s deceptive and misleading practices constitute a deceptive act under the New York General Business Law §349(a).
“As a result of Defendant’s recurring, ‘unlawful’ deceptive acts and practices, Plaintiff and the New York Subclass Members are entitled to monetary, compensatory, treble and punitive damages, injunctive relief, restitution and disgorgement of all moneys obtained by means of Defendant’s unlawful conduct, interest, and attorneys’ fees and costs,” the class action lawsuit states.
The plaintiff and potential Class Members have been injured inasmuch as they relied on the labeling, packaging, and advertising and paid a premium for the products which were not “natural.”
Accordingly, Gatling maintains that he did not receive what he bargained for. In addition, the consumer claims that the defendant made its untrue and misleading statements with reckless regards of the truth.
Common questions of law and fact include: 1) whether the defendant is responsible for the conduct in the natural superfood class action complaint which was directed at all consumers who purchased the products; 2) whether the defendant made false and misleading statements to the Class and the public regarding the contents of the products; 3) whether the false and misleading statements were likely to deceive the public; and 4) whether the plaintiff and the Class are entitled to money damages.
Did you purchase Country Farms Farm Fresh Nutrition products thinking that they were made of “natural” ingredients? Leave a message in the comments section below.
The plaintiff is represented by Jason P. Sultzer, Joseph Lipari, and Adam Gonnelli of The Sultzer Law Group and Jeff Brown of Leeds Brown Law PC.
The Country Farms Farm Fresh Nutrition Class Action Lawsuit is Ishmael Gatling v. Windmill Health Products, Case No. 1:20-cv-04030, in the U.S. District Court for the Southern District of New York.
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