TrimSpa Facing Second Class Action Suit

NEW YORK--TrimSpa is facing a second class action lawsuit alleging the company's TrimSpa Completely Ephedra Free (EF) does not contain the labeled appetite suppressant and practiced false and misleading advertising. As with the suit pending in Los Angeles, the complaint names Nutramerica Corp., TrimSpa Corp., Goen Technologies Corp., General Nutrition Co. and Alex Szynalski, also known as Alex Goen.

The lawsuit, filed Feb. 23 in the Supreme Court of the State of New York by Verboon, Milstein & Peter, was brought by Edward W. Flanagan, Jr., on behalf of himself and other persons who purchased TrimSpa EF in New York. It alleges TrimSpa EF promotes the inclusion of Hoodia gordonii as an appetite suppressant similar to ephedra; however, the suit alleges the product does not contain the component p57 from Hoodia that is responsible for the appetite suppressant ability. "As such, the defendants have engaged in false and misleading advertising by misleading the ingredients, and the effects of said ingredients, contained in TrimSpa EF," the complaint read.

TrimSpa is currently the subject of another lawsuit in New Jersey, where the state's attorney general is suing the company for using seminars and advertisements to sell its ephedra-based TrimSpa without regard for consumer health. More information on that story can be found at www.naturalproductsinsider.com/articles/3c1govern07.html.

A statement issued by Cedar Knolls, N.J.-based TrimSpa (www.trimspa.com) stated the company is "aggressively defending the claims against it and denies all allegations asserted. TrimSpa also states that the claims are without merit and alleged in bad faith." The company said TrimSpa EF contains whole dried, powdered Hoodia gordonii, which has been used as an appetite suppressant by South African natives.