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U.S.D.C., S CA

In this action, a class of consumers filed suit against a tea company for false claims about their product. The matter was resolved via pre-trial settlement.

This case arose from claims made through the defendant, Tadin, Inc.’s weight loss teas and dietary supplements. The defendant asserted in the packaging for several of their products, as well as on their website, that the consumption of those products could be used to reduce body fat, incorporating phrases such as: "Fight Cellulite," "Burn Fat," and "Weight Loss" on their packaging, as well as pictures of people exercising. One statement, later removed, stated: "Our Zendo Dieters Tea contains a delicious formula designed to help you lower cholesterol, uric acid levels, excess body fats, and accumulated toxins. The senna leaves in Zendo produce a powerful cathartic effect in the treatment of constipation."

The plaintiffs, Jennell Carr and Phyllis Sierra, filed suit in the U.S. District Court for the Southern District of California, accusing defendant, Tadin Inc., of false and misleading claims, breaching express, and applied warranties respecting its product, and in doing so, violating the Unfair Competition Law, California Business and Professions Code § ________ & § ________, the False Advertising Law, and the Consumer Legal Remedies Act. A class was later certified to encompass those who purchased certain Tadin products between December 21, ________ and June 21, ________. The class pursued injunction against further claims in the defendants products violating the aforementioned laws, as well as attorney’s fees and other monetary awards and damages. The defendant maintained they had not violated the law, and stood by their advertised claims.The matter was resolved pre-trial for a series of agreed changes to the packaging and website, including the removal of claims at issue in the suit. The settlement additionally awards $________ in attorney’s fees, $________ to Plaintiffs’ counsel for providing notice to the class, and $________ in incentive costs to each of the class representatives. The defendant admits no liability as per the terms of the settlement.

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