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The lawsuit was launched by Santa Monica-based Red Law, LLP on behalf of lead plaintiff Colin Kelly. According to its website, Red Law specializes in class action lawsuits, as well as personal injury and pharmaceutical litigation.
FRS launched Healthy Slim in May 2012 and is formulated with a number of ingredients, including Slendesta, Quercetin, vitamins, and fiber, which the company claims are “proven to help curb appetite and increase energy levels.”
Stating that the beverage “will help consumers achieve their healthy weight goals,” Healthy Slim boasts of its use of Slendesta, a natural protein derived from potatoes. FRS claims that the ingredient is “clinically proven to curb appetite” by signaling to the brain that a body is full, thereby reducing hunger. However, the lawsuit states that “those consistent and uniform claims are false,” noting that “not even Kemin Industries, Inc., the manufacturer of Slendesta, describes Slendesta as ‘clinically proven.’”
The suit claims that the plaintiff purchased Health Slim based on FRS’ advertising that the product would cause weight loss, and would not have purchased the beverage otherwise. The plaintiff is seeking actual and punitive damages, as well as court and attorney fees.
Calls to FRS were not immediately returned.
FRS is the latest beverage company to be hit with a California-based class-action lawsuit, following several other high profile cases filed last year against brands including Vita Coco, ZICO, and Activate.