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The recently deceased Anna Nicole Smith and diet drug maker TrimSpa Inc. are being sued in a class-action lawsuit claiming misleading or false marketing.
The suit claims that the three women were injured as a result of the misdeeds committed by TrimSpa and Smith.
Smith died yesterday at age 39. She endorsed TrimSpa and was its spokeswoman. It remains to be seen whether the lawsuit will continue against her estate.
The Lawsuit
The lawsuit was filed by Janet Luna, Myra Luna and Yvonne Rodarte in Los Angeles Superior Court. The suit accuses the company and its spokeswoman of employing deceptive business practices and violating California's unfair competition law in its marketing of TrimSpa X32.
It did this by implying or expressing in its advertisements that TrimSpa X32 “causes rapid and substantial weight loss” by suppressing its users' appetites. According to the suit, TrimSpa is cheating its competitors and defrauding consumers by making such claims.
“The Defendants have created an elaborate scheme to cheat consumers” with misleading or downright false advertising, stated the complaint. “It is quite apparent that Defendants wish to keep the money they have gained due to their unfair actions, rather than refund it to the consumers.”
The suit seeks unspecified monetary damages, and an injunction preventing TrimSpa and Smith from making future claims that TrimSpa X32 users can lose large amounts of weight. The class-action suit also seeks restitution for others who have been misled by the advertising.
For now, TrimSpa remains available for purchase over-the-counter, but the FDA has not approved it.
The FDA fined TrimSpa $1.5 million last month for making false or misleading claims in their advertisements, along with makers of other supplements, including Xenadrine and CortiSlim.
Victim of Consumer Fraud? If you or a loved one has been the victim of false advertising or any other form of consumer fraud, please contact us today for a complimentary consultation with an aggressive attorney who has extensive experience with class-action lawsuits and consumer fraud. You may be able to recover compensation for yourself, and others who were wronged.
Consumer fraud class action lawsuits are specifically designed to help individuals who have been similarly aggrieved to pursue a common goal – namely to hold the deceptive business accountable for any damages suffered. Thus, consumers who have been defrauded by a corporation or other entity may file a consumer fraud class action lawsuit on behalf of themselves and others to seek compensation for their shared grievance.
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