An Iowa man is suing over claims that a dietary supplement includes harmful ingredients.
Chris Lynch filed a class action lawsuit on Nov. 9 in the U.S. District Court for the Western District of Pennsylvania against General Nutrition Corp., claiming the company fraudulently promoted and sold a dietary supplement that was unlawfully altered. He cites unjust enrichment, design defect, negligent misrepresentation and violations of the Private Right of Action for Consumer Frauds Act.
Lynch claims GNC sold products containing either Picamilon1 or BMPEA 2, which are potentially dangerous ingredients that do not meet the legal definition of a dietary ingredient and may not be lawfully used in dietary supplements. Lynch claims he purchased Redline Ultra Hardcore, which contains the ingredients, and alleges the company sold the substance without warning and without care for customer's health, and goes on the claim that he and other class members were have been damaged by the practice.
Lynch is seeking all actual, general, special, incidental, statutory, and consequential damages to which plaintiff and class members are entitled, pre-judgment and post-judgment interest, attorneys' fees and costs, and any other such relief the court sees fit.
Lynch is represented by Charles E. Schaffer of Philadelphia; Robert K. Shelquist, Craig S. Davis, Rebecca A. Peterson of Lockridge, Grindal, & Nauen PLLN, in Minneapolis, Minnesota; Charles J. LaDuca and Brendan Thompson of Cueno, Gilbert & Laduca, LLP, in Bethesda, Maryland; and J. Barton Goplerud and Brian O. Marty of Hudson, Mallaney, Shindler & Anderson in West De Moines, Iowa.
U.S. District Court for the Western District of Pennsylvania case number 2:15-cv-01466-NBF