On Wednesday a case was filed in the District of Rhode Island as a class action against Luna Pharmaceuticals, better known as Premama. The case alleges false advertising involved in the defendant’s conception support products.
According to the filing, the defendant produces two fertility support products: “Fertility support for Her” and “Fertility support for Him”. The products include drink mixes that the defendant makes varying claims for regarding fertility, such as “helps produce quality eggs” and “nurtures sperm.”
The plaintiffs argue that this clearly shows the defendants claim that they support or improve the conception process. However, there is no Food & Drug Administration (FDA) regulation of supplemental drink mixes, gummies, or vitamixes and other supplement products; The plaintiffs claim that the advertising makes false claims that deceive prospective parents and encourage them to use unsupported vitamins instead of FDA controlled medications that have been medically proven to increase the chances of conception.
The plaintiffs are suing for false advertising under New York and California state laws, breach of express warranty, and unjust enrichment. The plaintiffs are represented by Bursor & Fisher.