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Tuesday, May 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

Class Sues ‘Verve’ Energy Drink Hawker

SAN DIEGO (CN) - A federal class action accuses the maker of Verve "energy drinks" of boosting its income by charging online customers' credit cards for extra drinks they never ordered.

Lead plaintiff Gregory Montegna sued Vemma Nutrition Co. in Federal Court.

Vemma sells a variety of so-called energy drinks through its website.

Montegna claims Vemma doubled its monthly income, from $10 million to $20 million, from July 2012 to July this year, after requiring 7 years to reach the $10 million mark.

But it cheated, Montegna claims: "As part of Vemma's business practice, once a consumer purchases its Verve product via Vemma's online website, Vemma knowingly or negligently, and without prior disclosure, charges consumers for additional Verve product that they did not purchase or agree to purchase."

Montegna claims the Federal Trade Commission "has received numerous complaints about Vemma, which include complaints of unauthorized credit card charges."

He seeks class certification, restitution, disgorgement of unjust profits, and damages for violations of state laws.

He is represented by Abbas Kazerounian with the Kazerouni Law Group, of Costa Mesa.

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