Pennsylvania Record

Wednesday, October 16, 2019

Dumanski, New Horizon Nutraceuticals sued over allegedly selling defective meal-replacement shakes

By Angelino Menconi | Nov 10, 2015

A nutritional supplement company is suing a Kennett Square man and business for allegedly selling defective meal-replacement shake mixes.

IDlife LLC filed suit against Todd Dumanski and New Horizon Nutraceuticals LLC on Oct. 16 in the U.S. District Court for the Eastern District of Pennsylvania, citing breach of contract, fraud, unfair trade practices and negligent misrepresentation for selling 50,000 pounds of meal replacement shakes that did not comply with IDlife's specifications.

On March 2014, the parties entered into an agreement wherein the defendant would produce meal replacement shakes in accordance with IDlife's formula, the complaint states. The plaintiff paid the defendants a $140,000 down payment. According to the lawsuit, a third party tested the first mix submitted and concluded it was non-conforming and contained contaminants. The plaintiff's demands for the return of its deposit was denied.

The plaintiff is seeking damages of more than $75,000, plus punitive damages, liquidated damages, attorney fees and costs. The plaintiff is represented by Michael J. Miller and Kevin L. Golden of Drinker, Biddle and Reath LLP of Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:15-CV-05666-JCJ

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