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The Court Upheld All of Plaintiff’s Claims Against TLC Under Minnesota Consumer Protection Laws

On June 24, 2021, Plaintiff Marilyn Williams, on behalf of a proposed Class of similarly situated Minnesota consumers, defeated a motion to dismiss her case alleging false advertising of the THC content of a weight loss tea sold by Defendant Total Life Changes, LLC. The opinion, authored by Judge Michael Davis of the US District Court for the District of Minnesota, upholds all of the claims alleged in Ms. Williams’ Amended Complaint, including violations of several Minnesota consumer protection statutes via Minnesota’s Private Attorney General statute as well as common law claims.

TLC sells vitamins, weight loss supplements, teas, essential oils, and skin care products, some of which contain derivatives of cannabis, such as hemp. Ms. Williams alleged that TLC marketed its Raspberry Lemonade Tea as containing “0.0% THC,” which is claimed was “laboratory certified” and “100% authentic guaranteed.” Despite this promise, Plaintiff says she tested positive for THC after consuming the Tea, causing her to lose her job and forcing her to relocate outside of Minnesota. The Court held that Ms. Williams’ relocation after the events giving rise to her complaint did not affect her claims under the Private Attorney General statute or for injunctive relief on a motion to dismiss.

Chloe Raimey, one of the attorneys representing the consumers, stated, “We’re pleased with the Court’s decision to allow this important case to proceed to discovery. TLC’s false advertising is causing consumers to lose their livelihoods during an already challenging time, and we hope to obtain justice for Minnesota consumers and prevent others from suffering the harm that Ms. Williams has experienced.”

Plaintiff is represented by Matthew Morgan, Anna Prakash, and Chloe Raimey of Nichols Kaster, PLLP; David Fish of The Fish Law Firm, PC; and Aaron Rapier of Rapier Law Firm. The case is titled, Williams v. Total Life Changes, LLC, Case No. 0:20-cv-02463-MJD-HB (District of Minnesota).

Additional information about the case against TLC can be found at www.nka.com, by calling Nichols Kaster, PLLP toll free at (877) 448-0492 or by emailing the paralegal on the case, Alexandra Smith, at asmith@nka.com

Nichols Kaster, with more than thirty lawyers in offices in Minneapolis and San Francisco, represents employees and consumers in individual, class, and collective actions throughout the country. The firm has a First Tier ranking on the 2021 Best Law Firms List in Minneapolis for Litigation-Labor and Employment by U.S. News-Best Lawyers® "Best Law Firms."