Kelly v. Phiten

On February 14, 2011, plaintiff Sean Kelly brought suit on behalf of himself and the Class against PHITEN USA, Inc.  The suit alleges that Phiten violated California’s False Advertising Act, California’s unfair competition law, California’s deceptive practices act, and Iowa’s consumer fraud Act.  Mr. Kelly alleged that Phiten had made false and misleading statements in the marketing of their products claiming that they “provided certain health benefits.”

Mr. Tostrud and his co-counsel successfully secured a settlement in excess of $3 million on behalf of Mr. Kelly and the Class.