A proposed class action lawsuit is currently pending in Florida that claims that Natural Cellular Defense (NDD) and other similar companies, sell cell phone applications that are “not recommended for use by individuals with diabetes”. The products include an application that promotes heart health. It also features a calculator to help track and measure one’s calorie intake. The complaint states that the company does not disclose that the application contains glucose and that it is not intended for use by diabetics. In addition, the complaint says that many of the claims made about the product are overstated.
Defense Lawsuit
It is not known whether or not the claims made about Natural Cell Defense actually work. However, since it is not a food product it is possible that the claims are valid. Many people with diabetes have turned to using cell phones and using applications on their cell phones to keep in touch with their care givers while away from home.
The complaint further states that since NDD is “sold as a dietary supplement” and that the state law allows manufacturers to make claims about the product being a dietary supplement even if the products do not meet the dietary requirements for a diagnosis of diabetes, the plaintiffs may be entitled to compensation for health care costs and losses as a result of this potential violation of the Florida Deceptive Trade Practices Act as well as the federal Lanham Act. If the court rules that NDD is a dietary supplement and therefore a valid product to be sold, a Class Action lawsuit could be filed. There are currently no cases currently pending in Florida as a result of this issue. If you are interested in filing a Florida natural cellular defense lawsuit you should contact an experienced attorney immediately.
In a separate matter, there is currently a case before the Florida Supreme Court that may shed some light on whether or not cell phone records can be searched.
In that matter, a circuit court judge ruled that a former Palm Beach County Sheriff’s Office could not search a cell phone without first getting a warrant. The opinion was not a particularly surprising one considering that many of us have cell phones for the same reasons that our credit cards keep getting rejected. However, the court did order the Florida Department of Public Health to reconsider its ruling.
At the time of this writing, it appears that the court may be changing its tune once again.
According to court documents, the attorney for the plaintiff in the aforementioned lawsuit, Orlando Becerra, is planning on filing a new lawsuit involving cell phone records after the current ruling. In a recent interview on Fox News, Becerra indicated that he may bring the new lawsuit against the Florida DPH and the Sheriff’s Office.
In other words, Florida state officials may now be required to get a warrant before searching through a cellular phone.
However, a spokesperson for the Florida DPH said that they are reviewing the decision and have no plans to change it. So the question remains: is there a difference between a natural cellular defense lawsuit and one filed by an individual? And if so, how come a previous court decision paved the way for this new lawsuit? We will likely find out soon. Stay tuned!
