Walmart’s Equate Co-Q10

September 2016: A federal judge granted the named plaintiff’s motion to voluntarily dismiss this action and imposed two conditions on the dismissal: First, the named plaintiff must agree to use the discovery from this case in a state court case; and second, the named plaintiff must be deposed. The dismissal was without prejudice.

April 2015: The plaintiffs have revived this lawsuit by filing a second amended complaint alleging that the statements on the packaging of the dietary supplement Equate High Absorption Co-Q10 falsely and misleadingly represent that the supplement provides various health benefits – including that it provides various heart health benefits, provides “clinical strength,” “high absorption,” and “3x better absorption,” and is comparable to competing brands – when such claims are not true.

June 2014: A federal judge dismissed the class-action lawsuit against Walmart finding, among other things, that the complaint does not identify the nature of the fraud and explain how it is misleading.

September 2013: A class-action lawsuit was filed against Walmart for allegedly falsely advertising its Equate Co-Q10, a dietary supplement taken to help treat or prevent congestive heart failure. Among other things, plaintiffs allege that Walmart falsely claims the product provides “clinical strength,” “high absorption,” and “3x better absorption” than competitors when, in reality, the product does not provide sufficient CoQ10 nor dissolve sufficiently to provide adequate absorption, much less “3 times” that of its competitors. (Cortina et al. v. Wal-Mart, Inc., Case No. 13-cv-2054, S.D. CA.).

 

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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

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