The GOLO lawsuit, filed in 2021, centered around claims of false and misleading advertising by GOLO, LLC, a company known for its dietary supplements. Lead plaintiff Vincenzza Bubak initiated a nationwide class action lawsuit alleging that GOLO made deceptive statements regarding the efficacy of its product, Release.
Allegations by the Plaintiff
Vincenzza Bubak, the lead plaintiff, asserted that GOLO’s Release dietary supplement failed to deliver the promised health benefits, particularly in addressing insulin resistance and facilitating weight loss. Additionally, Bubak claimed that the company imposed shipping and handling costs when customers sought refunds for ineffective products.
Key Allegations in the Lawsuit
The lawsuit against GOLO primarily focused on three main allegations:
1. Improper Implied Disease Claims
The lawsuit argued that GOLO made misleading statements regarding the product’s ability to address insulin resistance, which constituted improper implied disease claims.
2. Inadequate Directions for Use
Allegations included that GOLO failed to provide adequate directions for the proper use of its dietary supplements.
3. Inappropriate Use of “Clinically-Proven” Language
Plaintiffs disputed GOLO’s use of the term “clinically-proven,” claiming that the scientific basis behind these assertions was not sufficiently robust.
Laws at Issue
The lawsuit cited violations of various California statutes, including:
- California’s Unfair Competition Law
- California’s False Advertising Law
- California’s Consumer Legal Remedies Act
Additionally, the lawsuit included claims of Breach of Express Warranty and Breach of Implied Warranty of Merchantability.
FDA Regulation and GOLO’s Status
While the FDA does not regulate dietary supplements like GOLO’s Release as rigorously as prescription drugs, GOLO is not FDA-approved. However, GOLO emphasizes that its product ingredients are Generally Regarded as Safe (GRAS) and backed by numerous studies.
Recent Developments: 2024
In a significant turn of events, Judge Drozd ruled in favor of GOLO in January 2024, granting their Motion to Dismiss the lawsuit. This decision marks a substantial victory for GOLO, affirming the company’s position against the allegations.
Comparable Cases and Industry Trends
The GOLO lawsuit is part of a broader trend in the dietary supplement industry, where consumers are increasingly holding companies accountable for deceptive marketing practices. Other notable cases include:
Following the FDA’s request for withdrawal due to concerns about cancer risks, a class action lawsuit ensued against Belviq and its manufacturers.
In 2020, a $4.6 million settlement was reached in a lawsuit alleging false advertising related to Lipozene weight loss pills.
While the dismissal of the GOLO lawsuit represents a significant legal victory for the company, it underscores the importance of transparency and accuracy in the marketing of dietary supplements. As consumers become more discerning, companies must prioritize integrity and evidence-based claims to maintain trust and avoid legal entanglements in the competitive landscape of the health and wellness industry.