In the lawsuit, lead plaintiff Lee David Auerbach, claims he purchased the 21st Century Triple Strength glucosamine-chondroitin supplements at a Rite Aid last year, because of claims on the product labeling that the tablets would "promote cartilage restoration."The pills failed to deliver the promised results, he says, and 21st Century is "callously taking advantage of consumers' reasonable but unattainable desire to reverse the damage done to their cartilage."
"As 21st Century is fully aware ... it is physically and biologically impossible to regenerate cartilage that has been lost or damaged,"the class action lawsuit states.
According to the class action lawsuit, the ingredients of glucosamine and chondroitin contained in the supplements are not capable -- alone or in combination -- of promoting cartilage regeneration, and 21st Century lacks any competent and reliable scientific proof to supports its health-related claims.
The lawsuit seeks to represent a proposed class of all persons in New York who purchased a 21st Century glucosamine and/or chondroitin product with the representation that it "promotes cartilage regeneration"on the label from August 20, 2006 to the present. It is seeking damages and injunctive relief for claims of unjust enrichment, breach of warranty and violations of New York state business law.
The case is Auerbach v. 21st Century HealthCare Inc., Case No. 12-cv-06343, U.S. District Court for the Southern District of New York. The plaintiffs are represented by Meiselman Denlea Packman Carton & Eberz PC.