Carter-Reed Relacore Diet Supplement Class Action Lawsuit Complaint Over Marketing Of Relacore Revived On Appeal By The Supreme Court of New Jersey.
The New Jersey Supreme Court (in an appeal styled Melissa Lee v. Carter-Reed Company, L.L.C., a/k/a The Carter Reed Company, et al., A-38-09) has reversed an appellate court’s decision affirming a trial court’s denial of class certification of a class action lawsuit filed against Carter-Reed Company, L.L.C. (“Carter-Reed”) and other defendants (collectively “Defendants”) alleging, among other things, that Carter Reed violated the New Jersey Consumer Fraud Act (CFA), breached express and implied warranties, and unjustly enriched itself by marketing Relacore primarily as a weight and belly-fat reduction product with the additional benefits of lessening anxiety and elevating mood when there allegedly was no scientific support that Relacore provides such benefits, according to class action lawsuit news reports.
The trial court in the Relacore diet supplement lawsuit denied plaintiff’s class-certification motion on the ground that prosecution of thousands of claims dependent on so many individualized factors would be unmanageable. The Appellate Division affirmed the denial of class certification, but for different reasons, finding that the individual issues of fact and law predominated over those that were common to the Relacore class members. The Supreme Court of New Jersey reversed finding that the trial court and Appellate Division failed to accept as true the allegations asserted in the Relacore complaint or to view the pleadings in a light favorable to plaintiff, and held that that they they should have concluded that the common issues of fact and law predominated over individual ones and that the case was not unmanageable.
For more information on the Carter-Reed Relacore diet supplement advertising class action lawsuit, read the New Jersey Supreme Court’s Relacore class action lawsuit decision.
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