Vitamin Shoppe is currently being sued for misleading labeling claims on their St. John’s Wort bottles. Plaintiff, Steffani Pratico, claims the St. John’s Wort extracts marketed and sold by Vitamin Shoppe Inc. contains inconsistent amounts of the active ingredient, hypericin.
After consumer advocacy group, ConcumerLab.com, tested the product at question and they discovered alarmingly lower levels of hypericin than what is labeled on the back of the bottle. On the back label, the Supplement Facts section says the product has been “std. to 0.3% hypericin, (0.9 mg).” So, plaintiff Pratico conducted her own experiments and her tests revealed alarmingly low levels as well, only 23% of the labels claim.
Plaintiff Steffani Pratico feels that she amongst other consumers have been misled into purchasing St. John’s wort and had they known the actual percentage of activated ingredients they may not have spent their money on the product.
Pratico is proposing to represent a plaintiff Class that would include all persons in the U.S. who purchased Vitamin Shoppe St. John’s wort extract. She is also proposing one subclass of Class Members from California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington, and another subclass of Class Members from Illinois.
She seeks an award of damages, including statutory and punitive damages, and a court order stopping Vitamin Shoppe from continuing the allegedly unlawful conduct complained of here. Pratico is also asking for reimbursement of court costs and attorneys’ fees, and for pre- and post-judgment interest on all outstanding amounts.
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