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A class action lawsuit accusing Iovate Health Sciences Inc. of falsely advertising a line of dietary supplements was filed in California federal court on August 22. The plaintiffs allege that Iovate falsely claims that the supplements help boost the size of muscles.
The products at issue include Iovate’s Six Star Pro Nutrition N.O. Fury caplets. These caplets are similar to L-Arginine products sold by General Nutrition Corp., which have also been the recent target of a class action lawsuit with similar allegations.
Plaintiff Patrick Hesano filed the class action lawsuit after purchasing Six Star Pro Nutrition N.O. Fury from www.cvs.com, a retailer that sells the Iovate product throughout the United States. When making the decision to purchase Six Star, he reviewed the product’s label and the information on the CVS website, the class action lawsuit says.
He alleges relied on the company’s claims, which included statements such as: “Engineered to ignite massive muscle pumps,” “Professional strength N.O. Fury caplets flood your system with arginine and are designed to enhance nitric oxide levels” and “Formulated for increased muscle hardness & fullness after just one dose. Taken before your workouts, professional strength N.O. Fury caplets are designed to deliver overpowering, muscle-swelling pumps and extreme muscle hardness and fullness, after your very first dose!”
L-Arginine is an amino acid that is found naturally in the body. Once it metabolizes into Nitric Oxide (NO), it helps to expand the blood vessels and increase blood flow. Hesano claims that Iovate incorrectly bases is marketing claims on the assumption that oral L-Arginine supplements will have the same effect.
“Instead, it has been found numerous times in reliable scientific studies that Arginine supplements, when taken orally, only increase plasma arginine levels and do not metabolize into NO or induce vasodilation (blood flow),” the Iovate class action lawsuit says. According to Hesano, the Six Star supplements provide no greater muscle-building benefit than exercise alone.
Hesano alleges that he was deceived into spending money on a product that does not work. He claims that Iovate ignored scientific evidence showing that its product was ineffective, and continued to market the ineffective product anyway. By filing his class action lawsuit, he seeks to represent a statewide class of consumers who purchased Six Star supplements within the last four years. He is bringing claims for breach of express warranty and violations of California’s Unfair Competition Law, Legal Remedies Act and False Advertising Law.
In his class action lawsuit, Hesano claims that Iovate used unfair, deceptive, fraudulent and misleading practices to trick consumers into purchasing the Six Star caplets. He is seeking an order to compel Iovate to stop using misleading tactics to market the products, destroy all deceptive marketing materials, participate in a corrective advertising campaign and pay Class Members in the amount by which the company was unjustly enriched.
Iovate is not a stranger to false advertising accusations. In January 2012, Iovate paid $1.5 million to settle claims from 10 California district attorneys that the company had made false and misleading statements about the efficacy of a number of its supplements. In 2010, it settled similar claims with the Federal Trade Commission for $5.5 million.
Hesano is represented by Nick Suciu III of Oliver Law Group PC and Brian Tomina.
The Iovate L-Arginine Supplement Class Action Lawsuit is Hesano v. Iovate Health Sciences Inc., Case No. 3:13-cv-01960, in the U.S. District Court for the Southern District of California.
UPDATE: A federal judge refused to dismiss the Six Star Pro N.O. Fury class action lawsuit, rejecting Iovate’s arguments that the plaintiff lacked standing.
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19 thoughts onSix Star Pro N.O. Fury False Advertising Class Action Lawsuit Filed
My husband has been taking this for a while now but really hasent help please let me know what we can do will like to get more information about lawsuit
I have use n.o. fury for almost 2years it did help me Get a good pump but what they dont tell you is that when you see a Dr that it will cost you tons of money with kidney Dr because it will mess With blood test making me spend 9 months see the kidney Dr and that it can mess with your prostate, make you retain water and can go on…………p.s. stopped taking it lost 35lbs is water wait witch in return increased muscle….
Everyone is just mad because they can’t get gains without pills
N.O. Fury does work for me and many other people I know. BTW, a workout consists of more than just pulling on your pecker while viewing porn on your TracPhone. Maybe Mr. Hesano can get his lawyers to buy him a real smartphone after losing this class action lawsuit. Then he can view his porn in style!
omg stop
I disagree, the N.O Furry pills have increased my blood flow, given me more energy and great pumps for my workouts. I’m pissed I don’t see this on shelves anymore! I take this along with my creatine, so I am with the majority hear and calling this lawsute pointless. I understand I have no medical claim but I sure do have physical gains as well felt physically better taking the pills, as well huge gain in pre workout energy, without them for 3 months I have felt nothing anywhere close. It states on the bottle it may take time for the pills to circulate the body and feel effects. It took me a week..
I have been taking N.O. Fury for 3 months because of all the reviews I read regarding its promising effects. The only thing the pills have done for me is flood my body with excessive amounts of sweat during workouts. I have the same energy in the morning for my workouts with or without the supplement, but I do sweat copious, disgusting amounts looking like I stood in a shower with my gym clothes on when exiting the gym, the pills also gave me strange acne where the sweat would protrude the worst, on my forehead. Please contact me to participate in the class action lawsuit. Thank you
Sweating is very beneficial – it removes toxins from your body. Arginine is an excellent supplement for your heart and arteries. It is a good product.
I have used this product and it definitely gives me boosted energy to do more of a work out. I never expected a magic pill to do the work for me. Grow up California.
I love how everyone is so quick to try and get a pay day off of someone… If you choose to put something into your body it should be no one’s fault but your own.
HELLO,
I HAVE PURCHASED AND UTILIZED THIS PARTICULAR PRODUCT, SEVERAL TIMES CURRENTLY, AND IN THE PAST…
PLEASE CONTACT ME AT YOUR CADENCE REGARDING THIS LAWSUIT…
I have been using this because it is supposed to bring more oxygen to the muscle-Are you saying that it doesn’t?