On Saturday, Laura Harmon filed a class action lawsuit in the Northern District of Illinois against Pharmavite, LLC alleging consumer deception and fraud.
According to the complaint, Pharmavite is a California limited liability company with a principal place of business in West Hills, California. The complaint states Pharmavite is one of the largest suppliers of vitamins and supplements in the world and is the producer and manufacturer of Nature Made vitamin and supplement products.
Further, the complaint states Laura Harmon is a citizen of Illinois and, like the other plaintiffs, she purchased Nature Made products under the belief and expectation that Nature Made products contain only natural flavoring ingredients and did not contain artificial flavoring. The complaint argues that the Nature Made brand, its green leaf logo and the descriptions and representations made on its labeling and packaging misled the plaintiffs to purchase Nature Made products believing they are made only with natural ingredients.
Specifically, the plaintiffs note that the defendant markets Nature Made products with the prominent statement, “No Artificial Flavors – Natural Fruit Flavors,” prompting consumers to believe that the products will get their fruit taste from only natural flavoring ingredients. However, the complaint alleges that the defendant’s products contain DL-Malic Acid, a commercially made flavoring.
Additionally, the complaint states DL-Malic Acid is not considered a “natural flavor” under state or federal law. The complaint alleges that federal and state regulations require the defendant to include the words “artificial” or artificially flavored” in its labeling and packaging. Further, the complaint purports that, according to the defendant’s own labeling, Nature Made Products include more DL-Malic Acid than actual natural flavoring.
The plaintiffs allege that the defendant knowingly used the DL-Malic Acid to enhance the taste of fruit in its products and that the defendant’s representations and omissions about Nature Made products are false and misleading. The plaintiffs argue that they purchased Nature Made products at higher prices than they would have in the absence of the false and misleading advertisement.
The plaintiffs seek class certification, injunctive relief, monetary damages, attorney’s fees and costs and allege violation of state consumer fraud acts, breach of express warranty, negligent misrepresentation, fraud and unjust enrichment.
The plaintiffs are represented by Sheehan & Associates, P.C. The same law firm filed a similar suit involving malic acid last week.