A proposed class-action complaint alleges BlackOxygen Organics’ products “contain unsafe levels of toxic heavy metals that render them unsafe and unfit for their intended use.”
Plaintiffs in the November 19th filed class-action are “purchaser(s) of BlackOxygen Organics’ products”.
Four plaintiffs are named, all of which are residents of Georgia; Janice McMonigle, Amberly Ogden, Molly Sliwinski and Lauren Wells.
If approved, the above plaintiffs will serve as class representatives.
The complaint alleges BlackOxygen Organics’ products ‘were specifically marketed for use by adults, children, and pregnant or nursing women’.
First on the chopping block are BlackOxygen Organics’ marketing claims;
BlackOxygen claims that the subject products have magical healing properties for a variety of ailments.
The subject products do not have magical healing properties.
BlackOxygen claims that the subject products contain “miracle molecules” that promote general wellness.
The subject products do not promote general wellness.
BlackOxygen claims that the subject products increase athletic performance.
The subject products do not increase athletic performance.
The subject products offer no medical benefits to humans. Worse, the subject products are dangerous for human use and consumption.
The complaint alleges BlackOxygen Organics’ products ‘contain dangerously high levels of toxic heavy metals.’
The complaint does not provide evidence of BlackOxygen Organics’ product toxicity. Nor is the basis of the claims disclosed.
Plaintiffs seek to establish a class made up of anyone in the US who purchased BlackOxygen Organics’ powdered products from November 2019.
Plaintiffs and the class members were thus harmed by purchasing and/or consuming the subject products, and Plaintiffs and the class members are entitled to recover damages from Defendants.
Damages sought pertain to negligence, negligent misrepresentation and/or omission, fraudulent misrepresentation and/or omission, product liability.
Punitive damages and legal costs are also being sought.
In their public response to the lawsuit, published last Sunday, BlackOxygen Organics noted the lack of evidence provided.
Notably, the lawsuit fails to state the level of metals purportedly detected in BlackOxygen products, nor does the lawsuit provide any description of the manner in which the products are purportedly tested by the plaintiffs or their attorney.
Metals, like other naturally occurring elements, are present in drinking water and many foods that are consumed daily.
The complaint acknowledges the second point, but states the amounts in BlackOxygen Organics’ products are unsafe.
BlackOxygen Organics went on to state they intended to defend the lawsuit;
BlackOxygen has engaged legal counsel and it intends to vigorously contest the false allegations and, if appropriate, assert claims for damages against the responsible parties for defamation and damage to BlackOxygen’s reputation.
BlackOxygen is confident that it will prevail by presenting the true facts about BlackOxygen products and by proving that the allegations in the lawsuit are false and malicious.
Two days later co-founders Marc Saint-Onge and Carlo Garibaldi announced they were shutting BlackOxygen Organics down.
What happened between Sunday and Tuesday remains unclear.
At time of publication the Georgia class-action isn’t available on Pacer.
It will likely show up next week so I’ll run a check towards the end of the week and report back.
Update 25th October 2022 – Hasn’t been much going on this past year. In fact it’s looking like the BOO class-action might fizzle out.
On October 13th the court dismissed defendants Carlo Garibaldi and 11578243 Canada Inc. (dba BlackOxygen Organics).
The reason for the dismissal was Plaintiffs had “failed to show that service of process was properly effected”.
On October 17th the court granted national class-certification but denied the smaller state-level Georgia certification.
With BlackOxygen Organics itself no longer a defendant, I’m unclear on whether the class-action will proceed.