Orgain Nutritional Shakes
March 2014: A class-action lawsuit was filed against Orgain for allegedly misleadingly marketing its nutritional shakes, including Orgain Creamy Chocolate Fudge, Orgain Sweet Vanilla Bean, and Orgain Healthy Kids – Strawberry. Specifically, the complaint alleges that the company represents that the shakes contain “evaporated cane juice” when they actually contain sugar. In addition, plaintiffs claim that the company represents that the products are “rich in antioxidants” without identifying specific antioxidants, in violation of federal regulations. (Chang et al v. Orgain, Inc. d/b/a Orgain, Case No. 14-cv-01515, E. D. NY.).
When a complaint is dismissed with prejudice, it cannot be refiled.