On Saturday, Debbie Kuciver filed a class action complaint in the Northern District of Illinois – Eastern Division against KSF Acquisition Corporation for allegedly lying about clinical studies that show their SlimFast products help people lose weight.
In the complaint, Kuciver pointed to SlimFast’s slogans: “Clinically Proven – Lose Weight & Keep It Off” and “4hr Hunger Control,” which imply that there are verified studies proving these claims, and cited that acknowledged that “weight loss appeals to the many Americans who are considered overweight.” Therefore, claiming that their product is “clinically proven” to provide results is misleading, in the plaintiff’s view. The complaint argues this is because the defendant did not organize randomized and relevant controlled studies, and that the clinical studies actually conducted are “from products introduced many years ago, which are no longer sold” and the weight loss efficacy of SlimFast products “has not [been] clinically tested.”
Furthermore, the defendant is alleged to have tested a certain diet, a “high carbohydrate diet with no resemblance to today’s products, which are higher in fat, protein, and contain fewer carbohydrates.” Also, “over 20% participants’ weight was regained at the end of one-year.”
The plaintiff is suing on the counts of a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breaches of express warranty, and implied warranty of merchantability, negligent misrepresentation, fraud, and unjust enrichment.
The plaintiff is seeking class certification, a preliminary and permanent injunction, monetary, statutory and punitive damages, attorney’s fees and costs, and other relief.
The plaintiff is represented by Sheehan & Associates, P.C.
