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A proposed class action lawsuit has been filed against Waiora, LLC and various related entities who design, produce, distribute and market the nutritional supplement Natural Cellular Defense ("NCD"). The lawsuit was filed in the United States District Court for the Southern District of Florida on behalf of Shelley Penney and all other persons or entities that purchased NCD at any time prior to September 2011. It asserts claims of fraud, negligence, unjust enrichment, and violations of Florida's Deceptive Trade Practices Act.
NCD marketing materials attribute the product's healing capabilities to the presence of a mineral called Zeolite. The lawsuit contends that third-party laboratory results reveal that consumers bought bottles containing a fraction of the 2400mg of Zeolite claimed on the NCD label. "Waiora has sold hundreds of thousands or millions of tiny bottles of water at over $50 per bottle to ill and dying people," claims the suit.
The suit seeks a complete refund for each bottle sold prior to September 2011, as well as ancillary and potentially punitive damages.
TIP: Companies touting the presence of an ingredient should periodically run testing to ensure the ingredient is present in the amount claimed. Inconsistent formulations may subject companies to liability for fraud, deception, or false advertising.
Ronald Y. Rothstein
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