Herbalife Sued for Fraud and Negligence

Stephen Barrett, M.D.


Phyllis Chen, a 29-year-old woman who acquired acute liver problems after taking Herbalife products has filed suit against the company and several other companies that manufacture its products and ingredients. The complaint (shown belkow) states that Chen suffered acute liver problems that required hospitalization as a result of using a combination of Herbalife products. Chen is suing Herbalife for breach of express warranty, breach of implied warranty, strict liability, negligence, and fraud. In a press release, Chen's attorney Christopher Grell stated thatChen's health had deteriorated within a few months after she began taking 23 Herbalife products. She could not hold food down, was nauseous, and was constantly fatigued. Her symptoms stopped when she stopped taking the products and returned (worse) after she resumed their use. After noticing blood in her urine, she sought emergency care. The doctors opined that the most likely cause of her liver problems were the Herbalife products and instructed her to stop taking them immediately. Two recent journal articles have reported on 22 other cases of severe liver toxicity associated with the use of Herbalife products. [Schoepfer AM and others. Herbal does not mean innocuous: 10 cases of severe hepatoxicity from dietary supplements from Herbalife. Journal of Hepatology 47:521-526, 2007 and Elinov E and others. Association between consumption of Herbalife nutritional supplements and acute hepatotocity. Journal of Hepatology 47:514-520, 2007] Tests commissioned by the Fraud Discovery Institute (FDI) have found high levels of lead in at least two of the Herbalife products that Ms. Chen had consumed.


IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF LOS ANGELES
UNLIMITED JURISDICTION

YUGING "PHILLIS" CHEN,

Plaintiff,

v.

HERRALIFE INTERNATIONAL, INC.,
HERBALlFE INTERNATIONAL OF AMERICA, INC.,
HERBALIFE LTD., NBTY aka NATURE'S BOUNTY,
PHARMACHEM LABORATORJES,
JB LABS, FINE FOODS (ITALY),
AMERICAN INGREDIENTS, INC,
AND DOES 1 THROUGH 100, INCLUSIVE,

Defendants.


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Case No. BC392373

COMPLAINT FOR DAMAGES
(PERSONAL INJURIES)

1) Breach of Express Warranty
2) Breach of Implied Warranty
3) Strict Liability
4) Negligence
5) Fraud

GENERAL ALLEGATIONS

Plaintiff, YUGING "PHILLIS" CHEN ("Plaintiff"), Complains of Defendants, and Each of Them,

1. Plaintiff is a resident of the State of California.

2. The true names and capacities, whether individual, corporate, associate, govemmen.tal or otherwise, of Defendants FIRST DOE through ONE HUNDREDTH DOE, inclusive, are unknown to Plaintiff at this time. who therefore su.es said Defendants by su.ch fictitious names, When the true names and capacities of said Defendants have been ascertain ed, Plaintiff will amend this complaint accordingly. Plaintiff is informed and believes, and thereon alleges, that each Defendant designated herein as a DOE is responsible, negligently or in some other actionable manner, for the events and happenings hereinafter referred to, and caused injuries and damages proximately thereby to the Plaintiff, as herein after alleged.

3. At all times herein mentioned, each of the Defendants was the agent, servant, employee and/or joint venture of his co-defendants, and each of them, and at all said times, each Defendant was acting in the full course and scope of said agency, service, employment and/or joint venture.

4. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, Defendants HERBALIFE INTERNATIONAL, INC. is a corporation organized and existing under and by virtue of the laws of the State of California and that said Defendant was and is authorized to do and is doing business in the State of California. This Defendant distributes, markets and sells Herbalife products.

5. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned,  Defendant HERBALIFE INTERNATIONAL OF AMERICA, INC., is a California corporation organized and existing under and by virtue of the laws of the State of California, or the laws of some other state jurisdiction, and that said Defendant is authorized to do and is doing business in the State of 'California. This Defendant distributes, markets and sells Herbalife products.

6. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, Defendant HERBALIFE, LTD. is a corporation organized and existing under and by virtue of the laws of the State of California, or the laws of some other state jurisdiction, and that said Defendant is authorized to do and is doing business in the State of California. This Defendant distributes, markets and sells Herbalife products.

7. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, Defendant NBTV aka NATURE'S BEAUTY is a corporation organized and existing and by virtue of the laws of the State of California, or the laws of some other state jurisdiction, and that said Defendant is authorized to do and is doing business in the State of California. This Defendant manufactures, assembles and distributes products Herbalife sells to the public.

8. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, Defendant PHARMACHEM LAB ORA TORIES ("PharmaChem") is a corporation organized and existing and by virtue of the laws of the State of California, or the laws of some other state jurisdiction, and that said Defendant is authorized to do and is doing business in the State of California. This Defendant manufactures, assembles and distributes products sold to the public by Herbalife.

9. Plaintiff is informed and believes, and thereon alleges that at all times herein mentioned, Defendant JB LABS is a corporation organized and existing and by virtue of the laws of the State of California, or the laws of some other state jurisdiction, and that said Defendant is authorized to do and is doing business in the State of California. This Defendant manufactures, assembles and distributes products sold to the public by Herbalife.

10. Plaintiff is informed and believes, and thereon alleges that all times herein mentioned, Defendant FINE FOODS (IT AL Y) is a corporation organized and existing and by virtue of the laws of the State of California, or the laws of some other state jurisdiction, and that said Defendant is authorized to do and is doing business in the State of California. This Defendant provides the constituent ingredients used by the manufacturers to make the Herbalife products sold to the public.

11. Plaintiff is informed and believes, and thereon alleges that all times herein mentioned, Defendant AMERICAN INGREDIENTS, INC. is a California corporation organized and existing and i by virtue of the laws of the State of California, or the laws of some other state jurisdiction, and that said Defendant is authorized to do and is doing business in the State of California.

12. At all times herein mentioned, each of the Defendants was the successor, successor in business, successor in product line or a portion thereof, assign, predecessor, predecessor in business, predecessor in product line or a portion thereof, parent, subsidiary, wholly or partially owned by, or the whole or partial owner of or member in an entity researching, manufacturing, labeling, distributing, offering for sale, selling, inspecting, marketing, warranting, rebranding, manufacturing for other, packing and advertising certain products, the name of which are: Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products"). Said entities shall hereinafter collectively be called "alternate entitles." Each of the herein named Defendants are liable for the tortuous conduct of each successor, successor in business, successor in product line, or a portion thereof, assign, predecessor, predecessor in business, predecessor in product line or a portion thereof, parent, subsidiary, whole or partial owner, or wholly or partially owned entity, or entity that manufactured, labeled, distributed, offered for sale, sold, inspected, marketed, warranted, rebranded, manufactured for others and advertised certain products, the names of which are: Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products").

13. The Defendants, their "alternate entities", and each of them, are corporations organized and existing under and by virtue of the laws of the State of California, or the laws of some other state or foreign jurisdictions, and said Defendants, their "alternate entities", and each of them, were and are authorized to do and are doing business in the State of California, and said Defendants, their "alternate entities", and each of them, have regularly conducted business in the State of California.

14. At all times herein mentioned, Defendants, their "alternate entities", and each of them, were and are engaged in the business of researching, manufacturing, labeling, distributing, offering for sale, selling, inspecting, marketing warranting, rebranding, packaging and advertising a certain product, the name of which are: Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products").

15. Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") are sold to the public as a Food Supplement, not a drug. These products are represented as containing no harmful ingredients. These products are represented to safe, all natural nutrition health products.

16. The Defendants, their "alternate entities", and each of them, knew that these representations were false, based on knowledge they had and chose to conceal this from the Plaintiff, and the general public.

17. At all times mentioned, and each of them, knew or in the exercise of reasonable care, should have known that Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") were not safe products that could and did cause adverse reactions and injury, including severe liver injury.

18. At all times mentioned, Defendants, and each of them, knew or in the exercise of reasonable care, should have known that Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, Herbalifeline, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") were of a nature that if it were not properly manufactured, compounded, packaged, labeled, designed, constructed, fabricated, distributed, tested, analyzed, recommended, merchandised, advertised, inspected, promoted, supplied, sold, purchased, prescribed and administered to consumers for the use and purpose for which it was intended, it was likely to cause injury to Plaintiff and the general public.

19. Prior to the herein described injury of Plaintiff, the Defendants, and each of them, manufactured, compounded, packaged, labeled, designed, constructed, fabricated, distributed, tested, analyzed, recommended, merchandised, advertised, inspected, promoted, supplied, sold, purchased, . prescribed and administered the Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") with its components, ingredients, and constituents, which was intended by said Defendants to be used for the purpose of nutritional support and weight loss.

20. Beginning on or about October or November 2007, and continuing through April 1, 2008, Plaintiff began consuming "The Products" which were manufactured, compounded, packaged, labeled, designed, constructed, fabricated, distributed, tested, analyzed, recommended, merchandised, advertised, inspected, promoted, supplied, sold, purchased, prescribed and administered by the Defendants, and each of them.

21. Plaintiff was blamelessly ignorant of the cause of her injuries which included liver injury and toxicity until sometime in mid-May 2008 when Plaintiffs treating doctors suspected that Plaintiff’s injuries and liver toxicity was probably related to "The Products" and informed Plaintiff that her liver injury was most likely caused by "The Product."

22. Plaintiff was blamelessly ignorant of Defendants' wrongdoing or that "The Products" were defective and caused Plaintiff injury until late May, early June 2008 after Plaintiff reviewed articles attributing liver toxicity to "The Products" including reports that "The Products" contained levels of lead in excess of the maximum daily allowable limits set by California law known as Proposition 65.

23. Plaintiff could not, by the exercise of reasonable diligence, have discovered such facts at an earlier time, since the cause of her injury could not have been discovered until Plaintiffs injury was manifested and sufficient facts were made known or available to Plaintiff concerning "The Products'" role in causing Plaintiffs injury, and that Plaintiffs injuries were caused by Defendants' negligence and/or defect in "'The Products."

24. Furthermore, no literature or warning was ever furnished to Plaintiff by Defendants regarding the harmful and adverse properties associated with use of "The Products" and their component ingredients.

25. To the contrary, Defendants denied and fraudulently, and with reckless disregard for the safety of Plaintiff, concealed this information from Plaintiff which Defendants knew about because of published peer-reviewed medical articles and, at least, one county's decision to ban the sale of Defendants' products in that county.

26. As a proximate result of the herein described conduct of Defendants, and each of them, Plaintiff was caused to suffer grievous, serious and severe injuries, thereby causing Plaintiff damages as set forth below.

27. As a further proximate result of the herein described conduct of Defendants, and each of them, Plaintiff was required to, and did, employ physicians and surgeons to examine, treat and care for her, and Plaintiff further did incur hospital, medical and incidental expenses. The exact amount of said medical expenses are unknown at this time, but Plaintiff will seek leave to amend this pleading and set forth the exact amount thereof when the same has been asceliained.

28. As a further proximate result of the said conduct of Defendants, and each of them, Plaintiff suffered damages for pain and suffering, and loss of earnings. The exact amount of same is unknown to Plaintiff at this time and she will amend this complaint when the same has been ascertained.

29. Prior to the dates upon which Plaintiff was exposed to and ingested "The Products" and their component ingredients, Defendants, and each of them, knew that said products were dangerous and unsafe. In spite of their knowledge of said dangerous properties, and with conscious disregard of the persons who would ingest "The Products", Defendants, and each of them, willfully and knowingly placed "The Products" on the market, knowing that they would be sold, and used without knowledge of the hazards attendant thereto. Defendants, and each of them, failed to take appropriate action to cure the nature of said defects or to appropriately warn users of the dangerous properties of "The Products." Said Defendants, and each of them, thereby acted with malice towards Plaintiff and Plaintiff accordingly request that the trier of fact, in the exercise of its sound discretion, award Plaintiff punitive damages for the sake of example and for the purpose of punishing said Defendants for their conduct, in an amount reasonably related to Plaintiffs actual damages and Defendants' wealth, and sufficiently large to be an example to others and to deter these Defendants and others from engaging in similar conduct in the future.

FIRST CAUSE OF ACTION FOR BREACH OF EXPRESS
WARRANTY BROUGHT BY PLAINTIFF AGAINST DEFENDANTS

30. Plaintiff hereby incorporates by reference, as if fully set forth herein, each and every allegation contained in Paragraphs 1 through 29, inclusive, of the complaint herein.

3l. Defendants, and each of them, manufactured, compounded, packaged, designed, distributed, tested, constructed, fabricated, analyzed, recommended, merchandised, advertised, promoted and sold Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") which were intended by Defendants, and each of them, to be used as a nutritional supplement to improve health.

32. At all times herein mentioned, Defendants, and each of them, by its officers and director utilized advertising media to urge the use "The Products" and expressly warranted and represented t Plaintiff, and members of the general public that "The Products" were a safe all natural supplement that could be used for as long as necessary to assist in maintaining a healthy state of being.

33. At the time of making said express warranties, Defendants, and each of them, had knowledge of the purpose for which "The Products" and their component ingredients ("The Products" were to be used and warranted the same to be, in all respects, fit, safe and effective and proper for such purpose.

34. Plaintiff and the general public reasonably relied upon the skill and. judgment of the Defendants, and each of them, and upon said express warranties and representations.

35. Said Defendants, and each of them, possessed superior knowledge and failed to disclose said knowledge to Plaintiff and the general community that Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") were not a safe all natural product but was an unsafe product which contained harmful ingredients, unsafe ingredients, including, but no limited to, contaminants, including, but not limited to, lead.

36. Said warranties and representations were untrue in that Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") caused Plaintiffs damages and of the injuries because "The Products" were unsuited and unsafe for the sue for which it was intended, and could and did, thereby proximately cause Plaintiff to sustain damages and injuries as herein set forth.

37. As soon as the true nature of the product and the fact that the warranty and representation were false were ascertained, Defendants, and each of them, were duly notified, as required by law.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as hereinafter set forth.

SECOND CAUSE OF ACTION FOR BREACH OF IMPLIED
WARRANTY BROUGHT BY PLAINTIFF AGAINST DEFENDANTS

38. Plaintiff hereby incorporates by reference, as if fully set forth herein, each and every allegation contained in Paragraphs 1 through 37, inclusive, of the complaint herein.

39. At all times herein mentioned, the Defendants, and each of them, manufactured, compounded, packaged, distributed, recommended, merchandised, advertised, promoted, sold, purchased, prescribed and administered the aforesaid Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products"), as hereinabove described, and prior to the time that Plaintifl used said products, Defendants, and each of them, impliedly warranted to Plaintiff and the general public that "The Products" was of merchantable quality and safe for the use for which it was intended, a dietary supplement.

40. Plaintiff relied on the skill and judgment of Defendants, and each of them, in suing Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products").

41. "The Products" were unsafe for their intended use and it was not of merchantable quality, a warranted by the Defendants, and each of them, in that "The Products" had dangerous properties when put to its intended use became unsafe in that it would cause serious and severe injuries including, but no limited to, liver injury and toxicity requiring hospitalization. The said defective "Products" did proximately cause Plaintiff to sustain injuries as herein set forth.

42. After Plaintiff was made aware of the injuries as a result of said defective products, notice was duly given to the Defendants, and each of them, of the breach of said warranty.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as hereinafter set forth.

THIRD CAUSE OF ACTION FOR STRICT LIABILITY
BROUGHT BY PLAINTIFF AGAINST DEFENDANTS

43. Plaintiff hereby incorporates by reference, as if fully set forth herein, each and every allegation contained in Paragraphs 1 through 42, inclusive, ofthe complaint herein.

44. Defendants, and each of them, manufactured, compounded, packaged, designed, distributed, tested, constructed, fabricated, analyzed, recommended, merchandised, advertised, promoted and sold Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products"), which were intended by Defendants, and each ofthem, to be used as a dietary supplement.

45. At all times herein mentioned, Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") were defective and unsafe for its intended purpose by reasons of defects in its component ingredients manufacturing, compounding, testing packaging, labeling, warnings, lack of warnings, over promotion, and contents.

46. Defendants, and each of them, knew that "The Products" were ingested by Plaintiff and was ngested by Plaintiff without inspection for defects arising from, but not limited to, the manufacturing compounding, testing, labeling, packaging, merchandising, and advertising processes of said Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products").

47. At all times herein mentioned, said defective products, were being used by Plaintiff in the manner in which it was intended to be used and/or misused in a manner which was reasonably foreseeable by Defendants, and each of them. As a direct and proximate result of said defective products, Plaintiff sustained the injuries and damages as herein alleged.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as hereinafter set forth.

FOURTH CAUSE OF ACTION FOR NEGLIGENCE
BROUGHT BY PLAINTIFF AGAINST DEFENDANTS

48. Plaintiff hereby incorporates by reference, as if fully set forth herein, each and every allegation contained in Paragraphs 1 through 47, inclusive, of the complaint herein.

49. At all times herein mentioned, Defendants, and each of them, so negligently and carelessly manufactured, compounded, packaged, labeled, designed, constructed, fabricated, distributed, tested or failed to test, analyzed, recommended, merchandised, advertised, inspected, promoted, supplied, sold purchased, prescribed and administered the afore described Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") and thereby administered said product to Plaintiff for the purpose for which it was intended to be used.

50. As a proximate result of the aforesaid carelessness and negligence of the Defendants, and each of them, "The Products" caused severe damages and injuries as herein set forth.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as hereinafter set forth.

FIFTH CAUSE OF ACTION FOR FRAUD
BROUGHT BY PLAINTIFF AGAINST DEFENDANTS

51. Plaintiff hereby incorporates by reference, as if fully set forth herein, each and every allegation contained in Paragraphs 1 through 50, inclusive, of the complaint herein.

52. Defendants, and each of them, manufactured, compounded, packaged, designed, distributed tested, constructed, fabricated, analyzed, recommended, merchandised, advertised, promoted and sole Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") which were intended by Defendants, and each ofthem, to be used as a safe nutritional, all natural product.

53. At all times herein mentioned, Defendants, and each of them, falsely and fraudulently represented to Plaintiff and members of the general public that the product was safe and that:

1) Adverse reactions had not been reported; and that

2) Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") were safe, all natural products.

The representations made by Defendants were, in fact, false. In truth, Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") were unfit for human use as dietary supplements and were, in fact, unsafe and defective products containing harmfu ingredients, including heavy metals such as lead, a known carcinogen.

55. Said Defendants, and each of them, possessed superior knowledge and failed to disclose and caused said failure to disclose said knowledge to Plaintiff and the general community.

56. At all relevant times when Defendants, and each of them, made and/or concealed the aforementioned representations and information regarding the safety and efficacy of Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products") to Plaintiff, the agent of Plaintiff, the medical comnunity, and the members of the general public who were ignorant of the falsity of said Defendants' representation and reasonably believed them to be true. In reliance upon these representations, Plaintiff was induced to, and did, take Formula 1 Nutritional Shake Mix, Formula 2 Multivitamin Complex, Cell Activator, Snack Defense, Total Control, Cell-V-Loss, Herbal Concentrate, Aminogen, Thermo-Bond, N-R-G Nature's Raw Guarana, Niteworks Powder Mix, Tri-Shield, HerbaIifeIine, Mega Garlic Plus, Xtra-Cal, Tang Kuei Plus, Triple Berry Complex, Ocular Defense Formula, Herbal Aloe Drink Concentrate, Active Fiber Drink Mix, Florafiber, 21-Day Herbal Cleansing, Garden 7, Schizandra Plus, RoseOx, Best Defense, Bulk & Muscle Formula Protein Drink Mix and their component ingredients ("The Products"). Had Plaintiff known the actual facts, she would not have ingested The Products and their component ingredients. The reliance of Plaintiff, the agents of Plaintiffs, the medical community and the members of the general public upon Defendants' representation was justified because the representations were made by individuals and entities who appeared to be or were in a superior position to know the true facts.

57. As a proximate and direct result of Defendants' fraud and deceit and the facts alleged herein, Plaintiff  was caused to sustain the injuries and damages herein set forth.

58. By reason of said Defendants' fraud, malice, oppression, willful and wanton misconduct with conscious and reckless disregard of Plaintiff and the general public's well-being, Plaintiff is entitled tc exemplary damages.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as hereinafter set forth.

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, in the First through Fifth Causes of Action as follows:

  1. For general damages in an amount well in excess of the minimum jurisdictional amount required by this Court;
  2. For exemplary damages;
  3. For special damages according to proof;
  4. For interest at the rate of 10% per annum from the date of filing the complaint until judgment is paid; and
  5. For such other and further relief as the Court may deem just and proper.

Date: June 9, 2008

LAW OFFICES OF CHRISTOPHER E. GRELL
The Broadlake Plaza
Christopher E. Grell (SBN. 88498)
Richard F. Rescho (SEN 108086)
360 22ND Street, Suite 320
Oakland, CA 94612
Telephone: (510) 832-2980

Attorneys for Plaintiff
PHILLIS CHEN

This article was posted on June 26, 2008.

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