San Francisco, CA: A consumer fraud class action lawsuit has been filed against supplement maker Bluebonnet Nutrition Corp. over allegations the company falsely advertises one of its dietary supplements as "derived from beets"when it is actually created synthetically.
Filed by Guy Kochlani, the complaint claims that an ingredient in the supplement, Bluebonnet's betaine hydrochloride product, can only be made artificially and is not naturally derived from sugar beets. Therefore, Kochlani contends, California consumers have overpaid for the supplements based on advertising that claims not based in fact.
Specifically, the complaint states: "As a consequence of defendant's unfair and deceptive practices, plaintiff and other consumers similarly situated have purchased betaine under the false impression that, by consuming the product they would be enjoying the healthful and nutritional benefits associated with a product which they reasonably believed was derived from beets, rather than betaine hydrochloride that was created synthetically."
Kochlani further claims that Bluebonnet advertised the supplements as "derived from beets"on its website, the websites of resellers and through social media. "Reasonable consumers do not expect to be ingesting synthetic betaine when the advertising and marketing indicates betaine hydrochloride 'derived from beets,'"the complaint states.
The lawsuit, entitledKochlani v. Bluebonnet Nutrition Corp., case number 2:14-cv-01539, in the U.S. District Court for the Central District of California, states that had consumers known the product was not actually made from beets, they would not have purchased it, they would have paid less for it or they would have purchased a different betaine supplement.
The lawsuit alleges violations of California's Unfair Competition Law, and is seeking injunctive relief, restitution and disgorgement of the illegally obtained profits.
