Iso-Test False Advertising Class Action Lawsuit Survives Dismissal Bid
By Mike Holter
Windmill Health Products LLC must face a class action lawsuit accusing the company of falsely advertising that its Cybergenics Iso-Test capsules boost testosterone, according to a ruling issued Thursday.
On May 23, U.S. District Judge John F. Walter rejected Windmill’s motion to dismiss the Iso-Test class action lawsuit after finding the company failed to show the lawsuit was preempted by the Food, Drug and Cosmetic Act (FDCA) or that it should be dismissed under the primary jurisdiction doctrine.
Lead plaintiff Douglas Jablon alleges in the class action lawsuit, filed March 11, 2013, that Windmill pushes Iso-Test with bogus claims that the dietary supplement has “special powers,” including the ability to boost testosterone by 47%. Jablon says he relied on those marketing and labeling claims when he made his purchase, and would not have purchased Iso-Test if he knew the supplements don’t not work as advertised and that the claims about the product’s unique or special testosterone abilities are false and misleading.
“Because defendant has made, and continues to make misleading claims concerning its product, plaintiff brings this lawsuit to enjoin defendant from such behavior, and to recover the money taken by defendant’s practices,” the class action lawsuit states.
The Iso-Test class action lawsuit is brought on behalf of a proposed class of all consumers nationwide and in California who purchased Iso-Test within the last four years. It is seeking restitution, statutory damages, general damages and more for false advertising, unfair competition, and violation of California’s Consumer Legal Remedies Act.
The Iso-Test False Advertising Class Action Lawsuit case is Douglas Jablon v. Windmill Health Products LLC et al., Case No. 13-cv-01712, in the U.S. District Court for the Central District of California.
Jablon is represented by Michael Louis Kelly, Behram V. Parekh and Heather M. Baker of Kirtland & Packards LLP.
Updated May 28th, 2013
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2 thoughts onIso-Test False Advertising Class Action Lawsuit Survives Dismissal Bid
I purchased the cybergenics iso-test on July 14, 2014, took 1 the capsule for 8 days, the only results I got, was my face and neck started breaking out with acne. I have never had an acne problem, even as a teenager, I have always had clear skin. After 8 days of taking the capsules, I stopped, and now my skin is cleared up and back to where is was before I took the capsules. I contacted the company, it says on the internet, they will contact you in 24 hours, it’s been 4 days and I still haven’t heard from them. I asked to be reimbursed the $23.88 I paid for the capsules. Still waiting to hear from them.
Bob
Where can I get a claim form?