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W&L Files Class Action Lawsuit over Energy Drink that Made Consumers Sick

February 6, 2018
Home Firm News W&L Files Class Action Lawsuit over Energy Drink that Made Consumers Sick

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UPDATE: On June 22, 2023, the court-approved settlement became final, for a settlement worth $1.7 million in cash and an additional $1.9 million in product credit, for a total settlement value of $3.6 million.

Weitz & Luxenberg has filed a class action lawsuit against NaturMed alleging that the company falsely marketed its All Day Energy Greens dietary supplement and failed to act when customers complained that the drink was making them sick. The drink was found to have active bacteria and contaminants that can cause nausea, vomiting, diarrhea, dehydration, coma, and death.

“Consumers thought they were getting a healthy, all natural boost with the All Day Energy Greens drink, but in reality they were only left with stomach pains, sickness, and in some cases, serious injuries,” said James Bilsborrow, an associate attorney in W&L’s Consumer Protection unit. “NaturMed seemingly misled consumers about the safety of its product, and this lawsuit seeks to hold them accountable for this deception and the harm that was caused.”

All Day Energy Greens was marketed as “all natural” and “immune-enhancing” and able to naturally increase consumers’ energy and improve digestion. According to the complaint, this was false and the drink provided no health benefits and, in fact, included toxic and harmful ingredients. Even though the company started receiving complaints in 2014 about the drink, the product remained available to consumers for the next two years until it was recalled in March 2016.

According to the complaint, when NaturMed issued the recall, the company downplayed the seriousness of the health problems caused by the drink, citing “some cases of gastrointestinal distress.” In reality, the symptoms were much more severe, and several consumers required hospitalization and visits to medical specialists after taking the supplement.

The lawsuit was filed in the Eastern District of New York and seeks compensation for the injuries caused by NaturMed’s All Day Energy Greens.

W&L has led other class action lawsuits on behalf of consumers, including a recent case that was filed on behalf of Wells Fargo loan customers that were improperly charged for car insurance that they did not need and was not required.

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