VPX Prevails in Purported Class Action
Vital Pharmaceuticals, Inc. d/b/a VPX, obtained a significant victory when the United States District Court for the Southern District of Florida dismissed the action filed by New York attorney Adam Karhu. Karhu v. Vital Pharmaceuticals, Inc., Case N
Online, March 27, 2014 (Newswire.com) - Vital Pharmaceuticals, Inc. d/b/a VPX, obtained a significant victory when the United States District Court for the Southern District of Florida dismissed the action filed by New York attorney Adam Karhu. Karhu v. Vital Pharmaceuticals, Inc., Case No. 13-cv-60768 (JIC).
In April of 2013, Karhu filed a purported class action against VPX alleging various counts centered around his claims of deceptive advertising of the VPX Meltdown capsule product. On March 3, 2014, the Court denied Karhu's Motion for Class Certification. The court held that Karhu failed to meet the requirements to proceed as a class action under the Federal Rules, finding that his purported class was unascertainable and unmanageable. http://vpxsports.com/pdfs/pressrelease/order-march-3-2014.pdf
Despite the denial of class certification, Karhu opted to proceed to trial as an individual, seeking reimbursement of his roughly $23.34 spent on the product. On March 18, 2014 the Court ordered Karhu to show cause as to why he should be allowed to proceed to trial on a claim for $23.34.
On March 27, 2014, the Court dismissed the action for lack of jurisdiction, finding it a waste of judicial resources to hold an "unnecessary" trial for a claim amounting to $23. http://vpxsports.com/pdfs/pressrelease/order-march-27-2014.pdf
"I am pleased that the Court made the correct decision in dismissing what I believe to have been a completely frivolous and unfounded attack on VPX and the integrity of our products. To ease the stress on U.S. businesses there needs to be tort reform in regard to the habitual fillings of purported class actions, by firms that are using legal trickery and tomfoolery to manipulate the legal system for their own ill gotten gain and unjust enrichment. I understand members of the Federal Government feel the same way and are currently in the process of attempting to change the law in this regard." - John H. Owoc, Owner and CEO of Vital Pharmaceuticals, Inc.
VPX is a leading manufacturer and distributor of dietary supplement and sports nutrition products. VPX is a Florida corporation, established in 1993 by CEO, John H. Owoc, and has had continued growth and success for over 20 years. VPX prides itself in providing superior products to consumers all over the world, and is constantly researching and developing new products to assist individuals achieve their health and fitness goals. VPX products and advertisements are supported by 22 University Studies, more than any other company in the industry!
VPX was represented by in-house counsel, Victoria N. Godwin, Esq. Attorney Godwin has been with VPX for 5 years and has successfully defended the company against several purported class actions. VPX's legal team strives for excellence and will continue to zealously defend VPX and its quality products.
Plaintiff Adam Karhu, Esq. was represented by Scott Bursor and Yitchak Kopel of Bursor Fisher, P.A., a New York law firm, and Barry Davis and Daniel Lever of Thorton, Davis & Fein, P.A., a Miami law firm.