This isn’t SanMedica International LLC’s first time at the rodeo, so to speak. The human growth supplement maker managed to skirt a previous complaint that it lied about the effectiveness of its dietary supplement, so a new, nearly identical putative class action suit should be dismissed on the same grounds, SanMedica International argued to a California federal court.
Both cases involved the same anti-aging product manufactured by SanMedica International called SeroVital-hgh. The first suit, Kwan v. SanMedica International LLC, was dismissed for lack of evidence. The new class action filed by Paul Martin doesn’t provide better evidence to substantiate the plaintiffs claims, the company claims.
SeroVital-hgh is a dietary supplement pill promoted to “turn back time” in the human aging process and increase levels of human growth hormone, or HGH, in the body by “682 percent.” Martin’s lawsuit claims that SeroVital does not increase HGH by 682 percent – or by any percent for that matter. Furthermore, he claims, there is no proof that increased HGH levels make people feel younger, have more energy, gain increased muscle mass, or have a youthful glow to their skin or “adipose tissue distribution.”
HGH is approved by the Food and Drug Administration (FDA) to treat a rare growth defect in children and to treat a small number of conditions such as short bowel syndrome or Prader-Willi syndrome, a congenital disease that causes reduced muscle tone and a lack of hormones in sex glands. The FDA has repeatedly cautioned consumers that HGH is a prescription-only product that should not be used for off-label uses such as weight loss and youth.
The class action complaint alleges that SanMedica International violated California business laws, the California Consumer Legal Remedies Act, and breached express warranty. Martin seeks restitution, damages and injunctive relief.