Another pill manufacturer in the diet pill market came under a class-action lawsuit when a complainant alleged the company for false advertising and mislabeling its products used as dietary supplements.
GOLO lawsuit is all about mislabeling and false advertisement of products claiming to be effective in weight loss and providing health benefits.
Vincenzza Bubak Lead Plaintiff filed a class-action lawsuit against the GOLO LLC in March this year. In which she accused GOLO LLC of misleading its consumers by false advertising in a systematic mislabeling that could lead the society to substantial harm.
Class action lawsuit further states that Bubak bought the diet pills in December 2020, based on the claims and impressed by the captivating advertisement on the company’s website which says that the product will provide health benefits and would help in weight loss.
The GOLO diet pills are sold and are advertised nationwide as a ‘natural solution to insulin resistance. Insulin, which the GOLO LLC thinks is a major element that hinders weight loss in both men and women.
Bubak claimed in the GOLO Lawsuit that the way this company advertised the product does not work the same. She also wants to cover the shipping and handling costs along with what she spent on the pills from the company.
The lead plaintiff claimed that the company illegally implied that their diet pills could prevent and are capable of lessening the existing diseases. Bubak also said that GOLO LLC failed to provide the proper instructions to use the pills as well. The pills were not adequately labelled with the number of pills that can be taken per day. Plus, to boost its marketing campaigns and sales, they misleadingly said that the pills are clinically tested in the Dr. Oz TV show.
The CEO of the company Chris Lundin says:
“As a company, our mission is to provide healthy lifestyle solutions to consumers and when false and fake reviews are given, we feel we need to protect consumers, as well as our brand. While we cannot change the untrue statements that aired on the show, we are committed to doing what is right to help ensure the well-being of consumers.”
It was 2017 July 12, when the Dr.Oz TV show went on air, wherein a segment Keri Glassman reviewed some diet pills available on the internet which includes GOLO. In the reviews, there was misleading and false information about the product given to the consumers to improve its sales.
The lawsuit says there were no clear instructions on the product that would aid an average user of the product to synchronize how the product should be used.
The lawsuit states further:
“The Product is offered for conditions that are not amenable to self-diagnosis and treatment by individuals who are not medical practitioners; therefore, adequate directions for use cannot be written so that a layperson can use these drugs safely for their intended purposes.”
The lawsuit states that to consider a claim clinically and scientifically proven, it should be accepted widely, applied, and accepted by the experts of the same field. It must have gathered massive evidential support and there should be a consensus that proves and agrees on the claimed significance of a product.
GOLO Lawsuit claims that GOLO LLC said that the ‘clinically proven’ claim was based on the ‘pilot studies’ reviews which were commissioned by the company and was not peer-reviewed for legitimate scientific publications.
This estimates that almost thousands of customers who bought GOLO dietary pills are indirectly affected by the company’s fraudulent and misleading behavior.
Bubak is suing GOLO under the legal remedies act, false advertising law, and California’s unfair competition law for the California subclass. For California-based customers and nationwide consumers, Bubak is holding the company liable under breach of implied warranty of merchantability.
Bubak is also seeking damages, class action certification, restitution, audit on previous complaints, legal fees recovery, interests, and a jury trial against the company.
The Lawsuit is filed at the United States District Court in the Eastern District of California, under the plaintiff name – Vincenzza Bubak.
The plaintiff is legally represented by Kevin J. Stoops and Trenton R. Kashima of Sommers Schwartz, P.C. and Nick Suciu of Barbat Mansour Suciu & Tomina PLLC.
However, this is not the first time that any dietary pills manufacturer came under a class action lawsuit for misleading claims. In Feb 2020, FDA – Food and Drug Administration United States had given a voluntary recall for the pills of Belviq and Belviq XR. These dietary pills claimed somewhat similar claims of losing weight.
The recall was further promoted by the Safety clinical trial which suspected that the drug may be linked with the risk of cancer.
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