RIVERSIDE, Calif. (CN) - A diet supplement maker is selling a mislabeled amphetamine with claims that it is "safe" and "helps put you in a fantastic mood," a man claims in a class action in Superior Court.
Lead plaintiff Aaron Karmann sued Driven Sports, claiming its Craze diet supplement contains amphetamine, "a dangerous ingredient which is regulated as a controlled substance and a dangerous stimulant in California and thus cannot be lawfully included in a dietary supplement.
A visit to Driven Sports' website on Tuesday found this ad: "Imagine having something available that helps you train BEYOND YOUR LIMITS. Imagine endless energy. No weight is too great and no personal record is safe. That something would give you unmatched results, where others have failed. That something is Craze"!, the ultimate in pre-workout power!"
But Karmann says: "Defendant claims that the product is a 'dietary supplement' which is legal, safe, and efficacious. In reality, the product is intentionally tainted with amphetamine, the illegal and dangerous controlled substance that is not declared as an ingredient on the product's label."
He claims that defendant's product "is intentionally tainted with amphetamine, the illegal and dangerous controlled substance that is not declared as an ingredient on the product's label."
The complaint adds: "Defendant makes representations regarding the efficacy, safety and legality of the product which are false, misleading and deceptive. These include, without limitation, that Craze is 'safe,' that it 'helps put you in a fantastic mood and enhances your focus,' that it is 'designed to enhance your workouts and enhance your progress,' and that it can be used by students for studying.
"Plaintiff and members of the class relied on defendant's misrepresentations and would not have paid as much, if at all, for the products but for defendant's misrepresentations. As a result, defendant has wrongfully taken millions of dollars from California consumers. Plaintiff brings this lawsuit to enjoin the ongoing defrauding of thousands of California consumers by defendant, and to recover the money taken by its illegal practices."
Karmann seeks an injunction, costs, restitution, disgorgement, and punitive damages.
He is represented by Scott Ferrell with the Newport Trial Group, of Newport Beach.
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