A federal judge recently tossed the third amended complaint for the case detailed on this page.
According to the judge’s dismissal order, the plaintiff’s argument that the aloe vera gel sold by Family Dollar was falsely advertised in that it did not contain the active ingredient in aloe does not constitute a valid claim under the Illinois Consumer Fraud and Deceptive Trade Practices Act.
The order stresses that under state law, the plaintiff was required to notify the company before filing a lawsuit to pursue her claim, which she allegedly failed to do.
From Illinois district court comes a proposed class action that alleges defendants Family Dollar, Inc. and Dollar Tree, Inc. unlawfully sold Tropic Sun Aloe Vera Gel that was deceptively and misleadingly labeled as being “made with 100% pure aloe.” The plaintiff’s lawsuit alleges that the defendants’ Tropic Sun Aloe Vera Gel, in fact, contains no aloe vera at all.
The complaint notes that the aloe vera product in question, which was tested by the plaintiff’s counsel, does not contain acemannan, the key chemical ingredient in aloe vera. The absence of this ingredient amounts to what the case says is a “significant” difference between the product promised by the defendants and what was actually sold to consumers.
The lawsuit covers a proposed national class of consumers who purchased the defendants’ Tropic Sun Aloe Vera Gel within the last four years, as well as a multi-state subclass— covering consumers in California, Florida, Illinois, Massachusetts, Michigan, Missouri, New Hampshire, New Jersey, New York, Rhode Island, and Wisconsin—and an Illinois-only subclass.