NEWARK, N.J. (Legal Newsline) – Three diet supplement companies defending themselves against allegations of fraud and other charges told a federal judge in New Jersey July 19 that plaintiffs are barred from prevailing in the case because they can’t prove injury or loss and that their claims are “de minimis,” or trivial.
In their 21-page answer filed July 19 in U.S. District Court for New Jersey, Diet Works, VitaQuest Intl. and Windmill Health Products listed 22 separate defenses denying that plaintiffs in the class action are entitled relief.
“Plaintiffs’ claims are barred, in whole or in part, because neither she nor any putative class member suffered any cognizable injury or loss,” the answer said. “Further, plaintiffs and the putative class’ alleged damages are de minimis, and/or are too speculative, and/or are too remote, and/or are impossible to prove and/or allocate.”
The defendant companies asked U.S. District Court Judge Madeline Cox Arleo to dismiss the case with prejudice and to award defendants “reasonable attorneys’ fees, interest, cost of suit and other relief as the court deems just.”
U.S. District Court Judge Madeline Cox Arleo
The defendant companies in the case filed their answer and separate defenses in response to the consolidated amended class complaint by plaintiffs Jacqueline Greek, Joyce Puccio, Renee Shoaf and Pamela Parra. Greek filed the original complaint in the case last summer, following her purchase of Garcinia Cambogia in 2015, alleging false claims about how much hydroxycitric acid is present in its Diet Works Garcinia Cambogia supplement.
Plaintiffs in the case allege the companies commit at least five false and misleading claims in marketing Garcinia Cambogia, including “healthy weight management,” “promotes weight loss,” “inhibits fat production,” “suppresses carbohydrate cravings,” and that it is “the all-natural way to help reduce your appetite, burn more calories and suppress carbohydrate cravings to make losing weight faster and easier than ever!”
The plaintiffs claim marketing of Garcinia Cambogia violates the New Jersey Consumer Fraud Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection and breaches express and implied warranties under Pennsylvania and New Jersey law.
Arleo issued an opinion in April, following a defense motion to dismiss, in which she dismissed three of the plaintiffs’ nine counts but granted leave for those counts to be repleaded.
In their answer, the defendants describe Windmill as a New Jersey limited liability company based in West Caldwell that is a wholly owned subsidiary of Iron Horse, which is itself a wholly owned subsidiary of Generic LLC, owned by Keith Frankel. The answer also described VitaQuest as a wholly owned subsidiary of Vitaquest International Holdings, which is itself a wholly owned subsidiary of Vitaquest Investments Inc. and Bonjoint LLC, the latter being a wholly owned subsidiary of CK Life Sciences.
Both Windmill and VitaQuest maintain their principal place of business on Henderson Drive in West Caldwell, according to the answer.
The answer was filed on behalf of the defendant companies by attorneys Shawn L. Kelly and Jonathan D. Henry, partner and senior managing associate with Dentons US in Short Hills, New Jersey.
Article source: https://legalnewsline.com/stories/511494686-lawsuit-is-trivial-say-diet-supplement-companies-facing-class-action
Are you guilty of skipping the gym and binge eating? Well, waking up early is not everyone’s cup of tea, especially if you love your bed tea. But the important thing is at least you are not alone on this guilt trip. As a human, it is normal to decide between “to be obese or join the gym?”
Then one day while you appreciate the taste of samosas, something magical happens. Wisdom approaches you personified as your ‘aunty’ who is visiting you for a boring chai party. With the loud sound of tea-sipping, your guest begins her conversation but ends up cursing you with the worst advice ever when she tells you, “You are not fat beta, only HEALTHY”.
Guess what? Aunty was wrong! Those hills of triangular samosas and round gulab jamuns, which you innocently put in your mouth might appear harmless but in reality, these mouth-watering snacks can make you obese, possibly to the extent that not only destroy your beautiful physique but also accumulate layers of unhealthy fat that increases the chances of heart stroke and other nasty diseases.
Now to counter aunty’s advice, it is important to burn unhealthy fats and begin your journey of healthy weight loss. Yes, exercise is a fantastic idea but with your busy work schedule, it is no easy feat.
So, to make your journey easy and effective, you now have the option that fits right into your schedule and gives you a spectacular FIT YOU. In order to achieve noticeable results, Nutralyfe has launched a revolutionary fat loss product “Garcinia Cambogia”.
What is Garcinia Cambogia?
Garcinia Cambogia is a genuine fat loss product that facilitates weight loss safely. It is 100% Natural Herbal. This herbal product assures you with a guarantee of no side effects on your health. The product’s consumption helps to:
A· Suppress unhealthy appetite
A· Accelerate weight loss
A· Improve the digestive system
Sudden weight loss can shock your immune system and make you prone to several diseases. However, Garcinia Cambogia boosts the metabolic rate of your body and promotes healthy weight loss. Nutralyfe Garcinia Cambogia contains 70% HCA which is responsible for weight loss and other health benefits.
Let me tell you about HCA (hydroxycitric acid):
HCA is proven to work wonders in fat loss. HCA is a critic acid by-product, which helps in controlling weight. This potent herbal extract also helps in controlling the production of Citrate Lyase, the primary fat producing enzyme, to stay healthy and fit.
Wondering why you should still opt for Nutralyfe’s Garcinia Cambogia? Here is all you need to know.
1) Years of Research and Knowledge:
This product is the most well-researched product you can get your hands on in the market. It is made of pure garcinia cambogia extract.
2) The Goodness of Ayurveda in a bottle:
The centuries-old goodness of Ayurveda combined with modern state-of-the-art production techniques makes this product the most potent fat burning remedy.
3) Increases the Natural Metabolic Rate:
Besides churning pounds of unhealthy body fats, Garcinia Cambogia works amazingly to increase the body metabolic rate. Many doctors believe that with garcinia (70% HCA), everybody can improve their metabolism that makes weight loss safe n quick.
4) Gives you that Youthful Glow:
As a natural antioxidant, Garcinia Cambogia flushes out toxins from your body to make your hair and skin healthy. This surreal fruit extract truly gives your skin a glow and make you look perfectly in shape.
5) Improves Cardiac Health:
70% HCA present in Garcinia supports the utilization of fat as the body’s fuel source. It reduces unhealthy cholesterol levels and improves cardiac health.
6) Boosts your Energy Levels:
Garcinia Cambogia saturates glycogen in the liver that reduces the desire for appetite including sweet foods significantly. It escalates the body’s energy levels.
7) Improves Digestion:
Garcinia Cambogia improves digestion and gastritis health.
8) Safe Product:
The product is safe to consume for all ages of people for its all herbal and chemical free formulation.
Unlike other weight loss products flooding the market, Nutralyfe is committed to producing the best quality. Nutralyfe has carefully priced the product and FSSAI certifications to provide the customers with 100% natural and pure product at an affordable price.
But the problem is the stock is very limited. So, place your order quickly and start the process of getting into shape as early as possible. Just like 1000’s of happy clients, it will help you achieve your fitness goals. Just trust the process and get the product before it’s too late!
I know you guys are waiting eagerly to get Nutralyfe Garcinia. It is recommended to action now as stock is very limited. It is available on Amazon (Buy on Amazon), but who knows it might last for a few days or even hours. Your weight loss just a button away –Click here
La garcinia cambogia è una pianta originaria della fascia tropicale del sudest asiatico, in particolare della regione della Garcinia, da cui prende il nome. Conosciuta anche come tamarindo malabar, la garcinia cambogia produce dei frutti simili a delle piccole zucche, dalla polpa simile a quella degli agrumi.
In Oriente viene utilizzata comunemente anche come alimento, soprattutto come spezia e per la conservazione del pesce. Inoltre, viene utilizzata anche per la preparazione di succhi depurativi e drenanti.
Questa pianta cresce in maniera spontanea anche in Vietnam, Cambogia e Filippine ed è conosciuta e diffusa in Occidente sotto forma di integratore in polvere, ricco di molte virtù, soprattutto dimagranti.
Infatti, esistono numerosi prodotti naturali a base di garcinia cambogia in grado di combattere il sovrappeso dal momento che la scorza di questo frutto contiene acido idrossicitrico (HCA). Questo particolare acido è in grado di bloccare la sintesi di acetilcoenzima A (un regolatore enzimatico che è coinvolto nella biosintesi e nello stoccaggio dei lipidi) riuscendo a ridurre di circa il 25% la biosintesi dei grassi corporei.
Oltre a questo, è in grado di ridurre la sensazione di fame ed aumentare il metabolismo facendo in modo che anche i grassi già stoccati nel corpo siano bruciati più rapidamente.
Tutte queste azioni insieme accelerano il dimagrimento. Ma questo straordinario frutto possiede molte altre benefiche proprietà.
Ad esempio, è stato dimostrato che la garcinia cambogia è in grado di ridurre i livelli ematici di cortisolo infiammatorio ed aumenta la secrezione di serotonina, l’ormone del buon umore utile contro la depressione, con un benefico effetto generale sull’organismo. Inoltre, abbassa i livelli di colesterolo cattivo LDL e aumenta di quelli di colesterolo HDL: questo aiuta a mantenere pulire le arterie proteggendo la salute del cuore.
La garcinia cambogia è anche in grado di normalizzare i livelli di glucosio nel sangue, riducendo il rischio di ammalarsi di diabete di tipo II.
Questo particolare frutto riesce anche a migliorare le funzioni urinarie ed, in particolare, ha un benefico effetto in particolare sul sistema genitale femminile dal momento che sembrerebbe avere su questo un effetto tonificante sulle pareti uterine.
Infine, la garcinia cambogia esercita un effetto benefico anche su stomaco e fegato. Nel primo caso, dal momento che è ricchissima di vitamina C, svolge il ruolo di disinfettante delle mucose; nel secondo caso promuove la produzione di bile e favorisce la mobilizzazione dei grassi e la loro espulsione a livello intestinale.
In generale, non ci sono particolari controindicazioni nell’assunzione di integratori a base di garcinia, se non per il fatto che, essendo ipoglicemizzante e antipertensiva, le persone che sono in terapia farmacologica contro il diabete o l’ipertensione devono consultarsi col medico prima di assumerla, in maniera da evitare scompensi da sovradosaggio tra farmaci e integratore.
Inoltre, come per ogni integrate fitoterapico la garcinia non va usata in gravidanza e nell’allattamento.
Article source: http://mediterranews.org/2018/07/garcinia-cambogia-caratteristiche-proprieta-questa-pianta-tropicale/
A new C compiler has been added to the Free C/C++ Compilers page. This one supports most of ANSI C89 and some of C99. It works on Windows, Mac OS X, Linux and DOS.
Northwest:
Wealth of Health, Idaho Falls, ID (6,000 ft²)
SUPPLEMENTS: EuroPharma Inc., Terry Natural CuraMed;
EuroPharma, Inc. Terry Naturally Curcumin Extra Strength;
Sunny Green, Organic Beet Powder
FOOD: Pamela’s Products, Gluten-Free Mixes (Full Line);
Bob’s Red Mill, Mixes (Full Line);
Kyolic, Kyo-Dophilus 9
HABA: Life-Flo, Super Vitamin C Oil;
Desert Essence, Tea Tree Oil;
Veriditas, Organic Essential Oils
BEVERAGES: KeVita, Kombucha (Full Line);
Reed’s, Ginger Brew;
A2, Milk
UP COMING: Sovereign Silver Kids (Full Line);
FutureBiotics, Hair, Skin, and Nails for Women;
Dr. Axe, Collagen – Type 1, 2, 3, 5, 10
Article source: https://wholefoodsmagazine.com/columns/whats-selling/whats-selling-august-2018/
All rights reserved 2018
Article source: https://www.sportsaldente.com/does-tamoxifen-cause-weight-gain/
Q: I’m taking Zoloft for depression. I feel so much better, and I assumed it was OK to keep taking my vitamins. But are there supplements I should watch out for? — Cecilia H., Ossining, N.Y.
A: Congrats on taking charge of your depression and feeling better. Yes, there are certain supplements that interfere with selective serotonin-reuptake inhibitors (SSRIs), and with serotonin and noradrenalin reuptake inhibitors (SNRIs) too.
Serotonin is a neurotransmitter found in your gut, your blood and your nervous system. It’s considered a natural mood stabilizer. You probably weren’t getting the right balance, and the sertraline has helped you re-establish that.
Talk to your doctor about all the supplements and herbal preparations you may be using. When you do, here are some specifics to discuss.
Ask your doctor about the risks of taking St. John’s wort, garcinia cambogia, L-tryptophan (or 5-HTP) and SAMe (S-adenosyl-methionine) supplements with your antidepressant. Consumer Labs says they can increase your risk of experiencing serotonin syndrome, when an overabundance of serotonin in your system triggers everything from goosebumps and shivering to muscle rigidity, diarrhea and heavy sweating. (If that happens, do not ever abruptly stop taking your prescription.)
Ask about the potential benefits of these supplements: A study in the American Journal of Psychiatry found that omega-3 fish oil (specifically EPA) in combo with SSRIs caused a significant reduction in depressive symptoms. It was also true to a lesser extent for vitamin D and methylfolate, a form of folic acid.
Q: I was on a plane, and the person next to me was watching one of the latest action movies. I won’t single it out, but it was nonstop violence — and rated PG-13! How can this not negatively affect impressionable youngsters? — Jesse J., Sioux Falls, S.D.
A: The Harvard School of Public Health has warned that a “ratings creep” (it’s a voluntary system) has allowed more violent and sexually explicit content into films that are seen by young teens.
The American Academy of Pediatrics recently reported that gun violence in PG-13-rated films has more than tripled since 1985. And public health and mental health experts agree that nonstop violence in films (and on TV and in video games) can make kids more aggressive and damage their emotional development. So our advice to parents:
1) Do diligent research when your teen wants to see a movie. Find out how much and what type of violence a film contains, and check out Common Sense Media (commonsensemedia.org). In its Parents’ Guide, it gives ratings for categories such as positive messages, positive role models, sex, violence, language, drinking, drugs and smoking and a review.
2) Ask around and find out what other parents have to say. If you’re not sure about the content, watch the movie first or watch with your youngster.
3) Talk to your kids about violence in the media. Help them evaluate what is gratuitous and reject its message.
Remember, if teens want to see a movie, with all the streaming available these days, chances are they will, even if you say no. So be proactive and help them avoid the upsetting and mind-bending violence that’s out there.
Mehmet Oz, M.D. is host of “The Dr. Oz Show,” and Mike Roizen, M.D. is Chief Medical Officer at the Cleveland Clinic Wellness Institute. Submit your health questions at www.youdocsdaily@sharecare.com.