UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

____________________________________

CORI ANN GINSBERG, on behalf of herself

and all others similarly situated,

Plaintiff,

vs.

AZORIO, LLC, VITAMINS BECAUSE LLC,

and CT HEALTH SOLUTIONS LLC,

Defendants. 

____________________________________

)

)

)

)

)

)

)

)

)

)

)

)

Civil Action No.: 1:20-cv-22329-CMA

 

FIRST AMENDED CLASS ACTION

COMPLAINT

JURY TRIAL DEMANDED

Plaintiff Cori Ann Ginsberg, (“Plaintiff” or “Ginsberg”), on behalf of herself and all others 

similarly situated, by her undersigned counsel, alleges against Defendants Azorio, LLC 

(“Azorio”), Vitamins Because LLC (“Vitamins Because”), and CT Health Solutions LLC (“CT 

Health”) (collectively, “Defendants”), the following upon personal knowledge as to her own acts, 

and based on the investigation conducted by her counsel, as to all other allegations:

SUMMARY OF THE ACTION

1. Plaintiff brings this class action on behalf of herself and all other persons who were 

damaged by Vitamins Because’s and/or CT Health’s manufacture and deceptive labeling of their

non-coated S-adenosylmethionine (“s-adenosyl-methionine” or “SAMe,” “SAM-e,” “SAME,” 

“sam-e,” “same,” or “samee”) dietary supplement capsules (the “product” or the “subject product”) 

which are fraudulently labeled and defectively manufactured. 

2. Vitamins Because and/or CT Health (“Defendant manufacturers”) manufacture and

provide the subject product for sale directly to consumers at their vitamin stores in Florida and 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 1 of 50
2

through their retail websites https://vitaminsbecause.biz/1 and http://doctorvitaminstore.com/2 (see

Exhibit A), as well as through third party retail sellers3 who distribute the product under their own

brand names online, through Amazon.com and ebay.com, and in stores throughout the country

(see e.g. Exhibits B-D). In all consumer venues, the subject product is fraudulently labeled

representing to consumers that the SAMe product contains a particular amount of SAMe per

serving, when, in reality, the product contains only a small fraction of the claimed amount of active 

SAMe. The subject product labels’ false claims concerning the amount of SAMe included in their 

capsule pills mislead consumers into purchasing the non-coated SAMe dietary supplement 

capsules manufactured by Vitamins Because and/or CT Health under false pretenses. The 

product’s misleading labeling may also lead to significant injury or health concerns to unknowing 

purchasers who rely on the accuracy of the advertised amount of SAMe to make informed 

purchasing decisions and consume a proper dosage of the dietary supplements.

3. As a third party retail seller, Azorio provides the subject product for sale online to 

consumers under its own private label brand names and packaging, through various seller accounts 

on Amazon.com. Azorio’s private label brands include (but may not be limited to): Naturetition 

1 https://vitaminsbecause.biz/products/buy-1-get-2-free-sam-e-1500mg-90-or-180-capsules. Until 

recent months, the non-coated SAMe capsule dietary supplements were sold under two product 

numbers and sizes: 1) 90ct #10438 and 2) 180ct #11718.

2 See http://www.doctorvitaminstore.com/10438_SamEPg1.html. Until recent months, noncoated SAM-e capsule dietary supplements were sold under two product numbers and sizes: 1) 

product # 10438 (90 capsules) and 2) product # 11718 (180 capsules).

3 Third party retail sellers and brands of Vitamins Because and/or CT Health’s SAMe product 

include, but are not limited to: We Like Vitamins LLC (“We Like Vitamins”), Gmax Central LLC 

(under the brand “NusaPure”), aSquared Brands LLC (“aSquared”), Inspire Now Pty Ltd (under 

the brand “BoostCeuticals”), Healthy Way Rx LLC (under the brands “Healthy Way Rx” and 

“NasaBe’Ahava”), Jolly Dollar Supply Company LLC (under the brand “Mental Refreshment”) 

and Azorio, LLC (under various brands, including “Naturetition,” “PureControl,” and “Earth 

Natural”). 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 2 of 50
3

Supplements (“Naturetition”)4, PureControl Supplements (“PureControl”)5, and Earth Natural 

Supplements (“Earth Natural”)6. Azorio’s seller accounts on Amazon.com include (but may not 

be limited to): Earth Natural Supplements (Seller ID: ANAL58EVMKY7H) and 

GOLDANDSTONES – SUPPLEMENTS (Seller ID: A2QZY8BV8FU3RW). The subject product 

sold by Azorio is packaged in plastic bottles, with 90 or 180 capsules filling each bottle, and sealed 

with plastic bottle caps. The subject product sold by Azorio is fraudulently labeled representing to 

consumers that the SAMe product contains 1500 milligrams (“mg”) of SAMe per serving, when, 

in reality, the product contains less than 25% of that claimed amount of active SAMe. Azorio’s

false claims concerning the amount of SAMe included in the subject product capsules sold under 

its private label brands mislead consumers into purchasing their SAMe product under false 

pretenses. The misleading labeling on the subject product sold by Azorio may also lead to 

significant injury or health concerns to unknowing purchasers who rely on the accuracy of the 

advertised amount of SAMe to make informed purchasing decisions and consume a proper dosage

of the dietary supplements.

4. As alleged in detail below, Vitamins Because and/or CT Health’s non-coated

SAMe dietary supplement capsules are also defectively manufactured without the necessary 

coating for consumer sale and consumption. Due to its defective production in non-coated capsule 

4 See https://www.amazon.com/SAM-1500mg-180-CapsulesNaturetition/dp/B01AFGG7O6/ref=sr_1_8?dchild=1&keywords=naturetition+same&qid=1588033887&s=hpc&sr=1-8 and https://www.amazon.com/SAM-1500mg-CapsulesNaturetitionSupplements/dp/B01AFGG66U/ref=sr_1_7?dchild=1&keywords=naturetition+same+90+capsules&qid=1589576229&sr=8-7. 5 See https://www.amazon.com/SAM-1500mg-Capsules-PureControlSupplements/dp/B017VEG9FM/ref=sr_1_24?dchild=1&keywords=purecontrol&qid=15880348

35&sr=8-24. 6 See https://www.amazon.com/SAM-1500mg-Caps-NaturalEarhNaturalSupplements/dp/B0143AOLO8/ref=sr_1_6?dchild=1&keywords=earth+natural+sup

plements+SAM-e&qid=1588034487&sr=8-6. 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 3 of 50
4

form, the product lacks the industry-standard protective coating designed to protect the consumer’s 

upper gastrointestinal (“upper GI”) tract and prevent an early release of acid and premature 

absorption in the upper GI tract during the product’s digestion. 

5. Unlike many other SAMe supplements sold in the U.S. consumer market, the 

subject product manufactured by Vitamins Because and/or CT Health is not packaged in blister 

packs. The subject product, Vitamins Because and/or CT Health’s non-coated SAMe capsules, is 

often packaged in blue plastic bottles, with 90 or 180 capsules filling each bottle, and sealed with 

white bottle caps.

6. Because of Defendants Vitamins Because’s, CT Health’s, and Azorio’s

(collectively, “Defendant manufacturers and retailers”) scientific knowledge of the SAMe amino 

acid derivative, its biological functions, and its tosylate disulfate salt form; knowledge of the 

SAMe controlled manufacturing process and the consumer dietary supplement industry;

knowledge regarding the manufacturing and packaging of the specific subject product; its

laboratory testing, capsule weight, and consumer complaints and feedback; Defendant 

manufacturers and retailers are and were on notice, or should have reasonably been on notice, that 

the subject product was falsely labeled to the consumer public and defectively manufactured, and 

thus not fit for its intended dietary supplement purpose and claimed SAMe supplementation. At 

the time of order and purchase, Defendant manufacturers and retailers have and continue to 

actively misrepresent the amount of active SAMe contained in the product’s non-coated capsules,

as well as conceal the existence and nature of the above-described manufacturing defects, thereby 

causing Plaintiff and putative class members economic injury. 

7. Plaintiff alleges that Defendants Vitamins Because, CT Health, and Azorio are 

liable to Plaintiff and putative class members for damages, including the cost of purchase of the 

subject product under their respective false labels, and other damages under the law.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 4 of 50
5

PARTIES

8. Plaintiff Cori Ann Ginsberg brings this action in an individual capacity and on 

behalf of all others similarly situated. Plaintiff Ginsberg is an adult individual who at all relevant 

times has resided in North Miami, Florida, in the Southern District of Florida. On or about June 

22, 2016, Plaintiff Ginsberg viewed the label of and purchased one bottle of the subject product as 

it was available for sale by and under the private label brand retail name of “We Like Vitamins”

on Amazon.com for a purchase price of $39.99.

7 On or about November 1, 2016, Plaintiff Ginsberg 

viewed the label of and purchased one bottle of the subject product as it was available for sale 

under the private label brand retail name of “Naturetition Supplements” and sold by the “Earth 

Natural Supplements” seller account on Amazon.com for a purchase price of $21.99. On or about 

October 11, 2017, Plaintiff Ginsberg viewed the label of and purchased one bottle of the subject 

product as it was available for sale under the private label brand retail name of “Naturetition 

Supplements” and sold by the “Earth Natural Supplements” seller account on Amazon.com for a 

purchase price of $27.99. On or about January 30, 2018, Plaintiff Ginsberg viewed the label of 

and purchased one bottle of the subject product as it was available for sale under the private label 

brand retail name of “Naturetition Supplements” and sold by the “Earth Natural Supplements” 

seller account on Amazon.com for a purchase price of $27.99. On or about May 21, 2018, Plaintiff 

Ginsberg viewed the label of and purchased one bottle of the subject product as it was available 

for sale under the private label brand retail name of “Naturetition Supplements” and sold by the 

“Earth Natural Supplements” seller account on Amazon.com for a purchase price of $27.99. On 

or about September 20, 2018, Plaintiff Ginsberg viewed the label of and purchased one bottle of 

the subject product as it was available for sale under private label brand retail name of “NusaPure”

7 The purchased product from We Like Vitamins was listed on Amazon.com as Sam-e 500mg, 90 

capsules, SAM e S-Adenosyl Methionine Supplement – Max Strength.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 5 of 50
6

on Amazon.com for a purchase price of $34.99.

8 The products were all shipped by Amazon to her 

residence in North Miami, Florida. Plaintiff Ginsberg intends to continue to shop on online, the 

Amazon website, and various pharmacies and outlets, including for purposes of purchasing SAMe 

dietary supplements, and may in the present or future, as a reasonable consumer acting reasonably 

under the circumstances, knowingly or unknowingly, purchase the defective and false and 

deceptively labeled subject product from one of the numerous private labels who sell the subject 

product but do not display on their label or disclose to consumers the identity of their SAMe 

manufacturer. 

9. Defendant Vitamins Because is a manufacturer and seller to consumers and 

companies of over 1300 vitamins and nutritional supplements with a principal business location at

1832 S Dimensions Terr, Homosassa, FL 34448. As part of their operations, Defendant Vitamins 

Because operates a manufacture facility and vitamin store in Homosassa, Florida, as well as the 

websites of https://vitaminsbecause.biz/ and https://vitaminsbecause.us/, in order to sell their 

vitamins and nutritional supplement products directly to consumers, as well as manufacture their 

products for hundreds of independent companies. As part of its private label business whereby 

Defendant Vitamins Because specifically markets, manufactures and sells its products in bulk to 

independent retail companies (who in turn resell the products to consumers via Amazon.com

and/or other retail avenues), Defendant Vitamins Because often designs, prints, and places custom 

logos and labels (including all nutritional facts) for independent retailers on their purchased stock 

of product bottles so the subject product can then be sold to consumers under the independent 

companies’ private label on Amazon.com and/or other commercial retail avenues. Defendant 

8 The purchased NusaPure product was listed on Amazon.com as Sam-e 1500mg, 180 capsules, 

SAMe S-Adenosyl Methionine Supplement.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 6 of 50
7

Vitamins Because works in conjunction with Defendant CT Health to manufacture and/or sell 

vitamins and nutritional supplements, and operates as the alter ego of Defendant CT Health. 

10. Defendant CT Health is a vitamin and nutritional supplement retail seller with its 

principal place of business located at 3930 S Suncoast Blvd, Homosassa, FL 34448. The entity 

also sells vitamins and nutritional supplements to consumers on the internet through their owned 

and maintained website of http://www.doctorvitaminstore.com/. 

11. Defendant CT Health works in conjunction with Defendant Vitamins Because to 

manufacture and/or sell vitamins and nutritional supplements, and operates as the alter ego of 

Defendant Vitamins Because. 

12. Defendant Azorio is an independent company which sells vitamins and nutritional 

supplements on Amazon.com, including the subject product SAMe, under various private label 

brand names, including (but not necessarily limited to) Naturetition Supplements, PureControl 

Supplements, and Earth Natural Supplements. Azorio maintains a principal place of business at 

333 Kendall Drive, Marco Island, Florida 34145.

JURISDICTION AND VENUE

13. This Court has jurisdiction over this action under the Class Action Fairness Act, 28 

U.S.C. § 1332(d). The aggregated claims of the individual class members exceed the sum or value 

of $5,000,000, exclusive of interests and costs, and the number of putative class members are at 

least one hundred (100). This is a class action in which some of the class members are citizens of

states different from the Defendants.

14. This Court has personal jurisdiction over Defendants in that Defendants engage in 

business and actively place and/or facilitate the placement of products, including the subject 

product, into a stream of commerce in the State of Florida, including within the boundaries of this 

judicial district, and have sufficient minimum contacts in Florida; and otherwise intentionally avail 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 7 of 50
8

themselves of the markets within Florida through promotion, sale, marketing and/or distribution 

of products to render the exercise of jurisdiction by this Court proper and necessary. This Court 

has personal jurisdiction over Defendants as the manufacture and labeling of the subject product 

and substantial parts of the events giving rise to this action’s claims occurred in Florida.

15. Venue is proper in this District under 28 U.S.C. § 1391(b) because Plaintiff 

Ginsberg at all relevant times resided in this District and Defendants conduct relevant business 

and activities in this District. Moreover, a substantial part of the events giving rise to Plaintiff

Ginsberg’s claim, including her order and purchase of the subject product, occurred in this District.

FACTUAL BACKGROUND

16. SAMe is an amino acid derivative normally synthesized in the body that may 

become depleted with sickness or age. Supplementing one’s diet with SAMe and other vitamins 

and supplements has been found to be an effective way to overcome this deficiency. Some people 

have received medical recommendations from doctors to take up to 1600 milligrams (“mg”) of 

SAMe a day in the form of over-the-counter SAMe supplements.

17. SAMe in the human body is naturally concentrated in the liver and brain, and is a 

major methyl donor in the synthesis of hormones, nucleic acids, proteins, and phospholipids, and 

catecholamines and other neurotransmitters. SAMe is required for the synthesis of norepinephrine, 

dopamine, and serotonin, all important brain and body functions.

9 SAMe also facilitates 

glutathione usage which improves the body’s antioxidant defense and helps maintain acetylcholine 

levels which are necessary for cognitive function.10

9 SAMe's ability to boost brain cell methylation facilitates youthful DNA enzymatic actions which 

may help account for SAMe’s mood-elevating properties. These enzymatic reactions are required 

for the healthy conversion of neurotransmitters such as serotonin and dopamine.

10 A report published in Germany indicates that SAMe may help maintain healthy neurological 

function. The report revealed that: a) SAMe increased glutathionelevels by 50% and glutathione 

enzyme activity by 115%; b) SAMe decreased a measurement of free radical activity by 46%; and 

c) SAMe inhibited lipid peroxidation by 55% in culture.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 8 of 50
9

18. Although SAMe has been available to consumers in the U.S. market since the 1990s 

as a dietary and/or nutritional supplement, researchers continue to discover impressive benefits of 

SAMe. Most basically, research has long shown that SAMe helps maintain stable mood11 and joint 

function without side effects.12 As a result, it is regularly recommended by doctors for treatment 

of serious conditions of depression and arthritis. Moreover, because aging people often suffer joint 

discomfort and immobilization, SAMe supplementation addresses multiple problems people face 

as they grow older.

19. In addition, research has shown that SAMe has multiple mechanisms of action that 

are used throughout the body, especially in the liver, where it functions to help maintain liver 

health. In particular, SAMe has multimodal mechanisms of action that are used in the liver and 

other parts of the body. Moreover, in order to perform its detoxification role, the liver continually 

performs large numbers of complex enzymatic reactions. SAMe facilitates healthy methylation 

enzymatic processes and boosts hepatic levels of glutathione, a critical antioxidant. When liver 

function is compromised, glutathione is depleted, which leads to free radical damage. In addition, 

SAMe acts as a methyl donor in the synthesis and formation of phosphatidylcholine and Lcysteine, both necessary for maintaining liver health. Thus, although largely known for its

facilitation of optimal moods, SAMe has also shown benefits for the liver, brain, and joints.

20. SAMe supplements sold in the U.S. market are typically manufactured in the form 

of enteric coated tablets, containing the active ingredient of SAMe as bound together in a stabilized 

salt form, known as s-adenosyl-methionine tosylate disulfate, and combined with non-active, 

stabilizing ingredients. The tablets are manufactured in a controlled environment and overlaid with 

11 A recent study conducted at Harvard Medical School and Massachusetts General Hospital cited 

the benefits of SAMe for mood elevation.

12 In 2002, an agency of the U.S. Department of Health and Human Services conducted a 

meticulous evaluation of SAMe. Its findings show the efficacy of SAMe in helping to maintain 

stable mood and joint function without any side effects.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 9 of 50
10

enteric coating. The enteric coating is necessary both to protect the SAMe and slow its physical 

and chemical decomposition, and, more importantly, to protect the body’s upper gastrointestinal 

tract during the supplements’ digestion from an early release of the product’s contained acid and 

ensure the SAMe’s proper and intended absorption in the body’s intestines. 

SUBSTANTIVE ALLEGATIONS

21. Defendants Vitamins Because and/or CT Health manufacture and sell over 1,300 

types of vitamins and nutritional supplements, including the subject product non-coated SAMe 

dietary supplement capsules. Vitamins Because and/or CT Health’s websites tout the quality of 

their products and further represents that Vitamins Because guarantees every product that it sells. 

Vitamins Because and/or CT Health further guarantee that, upon return of the remainder of the 

product, they will provide refunds for the unused portion of the product within one year for any 

product they sell which customers are not completely satisfied.

22. Unlike most other SAMe supplementssold in the U.S. consumer market, the subject 

product manufactured by Vitamins Because and/or CT Health is made in capsule form, combining 

s-adenosyl-methionine tosylate disulfate with gelatin13 and rice powder14. The subject product 

capsules are defectively designed, manufactured, and/or processed in that they do not contain any 

outer coating. The product’s defective design, manufacture, and/or processes include a lack of

enteric coating customarily overlaid on SAMe supplement tablets throughout the industry in order 

to ensure against their early release of acid in the body’s upper gastrointestinal tract during 

digestion and premature absorption until reaching the body’s intestines. In fact, Vitamins Because 

and/or CT Health’s websites claim that the capsule form was chosen over the more common tablet 

form in order to attain fast absorption. 

13 Gelatin can be used by manufacturers to form a capsule for dietary supplements.

14 Rice powder can be used by manufacturers as a flow agent.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 10 of 50
11

23. By pre-release data and laboratory examination and testing, company and industrywide knowledge of the chemical nature of SAMe and design specifications in manufacturing its 

supplement form, company quality control operations and material reviews, and consumer 

complaints on Amazon.com webpages and other internet sites, Defendants Vitamins Because, CT 

Health, and Azorio have been on actual and/or constructive notice that the subject product lacks 

the represented amount of SAMe and SAMe potency; is defectively designed, manufactured, and 

processed; and not fit for its intended purpose for use as a SAMe dietary supplement. Despite their 

knowledge, Defendants failed to disclose to Plaintiff and her putative classes the true quality and 

quantity of the subject product and actively concealed the existence and nature of its defects and 

its substantially reduced SAMe potency at the time of manufacture, purchase, and thereafter. 

Defendants have not recalled the sold bottles of the subject product and have continued to sell the 

subject product representing it to be a quality SAMe supplement fit for its intended health purposes

while knowing of its substantially reduced SAMe potency.

Defendant Vitamins Because

24. The subject product is manufactured by Vitamins Because and then sold to

consumers for personal use as a dietary supplement under the Vitamins Because private label at

their physical store locations in Florida, as well as through Vitamins Because’s retail website --

https://vitaminsbecause.biz/. Consumers purchase the subject product from Vitamins Because’s 

retail website in bottles with quantities of either 90 or 180 capsules. The purchased subject product 

is shipped to consumers in sealed blue bottles with white caps, each containing either 90 or 180 

capsules, and has been priced at $39.99 or $59.99, respectively. 

25. Consumers may purchase multiple bottles of the subject product from Vitamins

Because’s and/or CT Health’s retail websites. Many independent companies and stores also 

purchase large bulk quantities of bottles of the subject product with Vitamins Because’s private 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 11 of 50
12

label from the Vitamins Because and/or CT Health websites at what the websites represent to be

wholesale prices in order to resell the bottles individually to consumers at higher retail prices.

26. The bottles of the subject product sold by Vitamins Because and/or CT Health from 

their retail websites contain Vitamins Because’s own private label. The front of the label includes 

Vitamins Because’s private logo (with the words “VITAMINS BECAUSE YOU ARE WORTH 

IT”), and states in large print “SAM-e,” “S-Adenosyl-L-Methionine Disulfate Tosylate,” and 

“1500 mg,” “1000 mg,” “400 mg,” or “200 mg,” and the number of contained capsules. Depictions 

of the front side of the label for bottles of the subject product containing 90 and 180 capsules in 

some of its permutations are displayed in Exhibit A. The back and/or sides of the label provide 

“Supplement Facts” representing the stated number of mg of SAM-e (as S-Adenosyl-LMethionine Disulfate Tosylate) are included in each serving. Some Vitamins Because labels define 

a serving size as 1 capsule, 3 capsules, or 4 capsules. Examples of the represented “Supplement 

Facts” on the back and/or sides of the Vitamins Because labels, in some of its permutations, are 

depicted in Exhibit A. The back and/or sides of the label also provide directions for usage, 

ingredient information, and a warning for pregnant or nursing women and those taking medications 

or planning a medical procedure. These representations on the back and/or sides of the Vitamins 

Because labels are also depicted in Exhibit A.

27. At the time of purchase, Vitamins Because and/or CT Health, by and through their 

private labels on bottles of the subject product and/or its retail website, have and continue to 

represent to consumers that the subject product capsules included in their subject product bottles 

with the Vitamins Because private label contain 1500 mg of SAMe per serving, and 500 mg (where 

a serving size is defined as 3 capsules) or 375 mg (where a serving size is defined as 4 capsules) 

of SAMe per capsule. These representations are depicted in Exhibit A.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 12 of 50
13

28. In recent months, Vitamins Because and/or CT Health, by and through new private 

labels on bottles of the subject product and/or its retail website, have and continue to represent to 

consumers that the subject product capsules included in their subject product bottles with the 

Vitamins Because private label contain 200 mg, 400 mg, and/or 1000 mg of SAMe per serving, 

and 200 mg or 250 mg of SAMe per capsule. These representations are depicted in Exhibit A.

29. At the time of purchase, Vitamins Because and/or CT Health, by and through their 

private label on bottles of the subject product and/or their retail website, have and continue to 

communicate to consumers that the subject product is in good condition and fit for its intended use 

as a dietary supplement as labeled. These representations are depicted in Exhibit A.

30. The SAMe capsules included in the subject product bottles with the Vitamins 

Because private label have not and do not contain the stated amounts of milligrams of SAMe per 

serving and per capsule. In fact, the included subject product capsules have been manufactured to 

contain only a small fraction of the represented amount of active SAMe milligrams per serving, 

and less than 150 mg15 of active SAMe per capsule.16 Accurate measures of the amount of active 

SAMe contained in the subject product are not disclosed on the Vitamins Because private labels.

31. The same subject non-coated SAMe dietary supplement capsules are sold by 

Vitamins Because and/or CT Health to independent private label companies through their private 

label website -- https://vitaminsbecause.us/. Private label companies purchase large wholesale 

quantities of the subject SAMe product from Vitamins Because typically with their own private 

label on the purchased product bottles for further retail sale through various commercial retail 

15 Many subject product SAMe capsules manufactured and labeled by Vitamins Because and/or 

CT Health contained far less than 150 milligrams (“mg”) of active SAMe per capsule, including 

some containing as little as 15.9 mg of active SAMe per capsule.

16 Representations of milligrams of SAMe on SAMe supplement labels of brands throughout the 

industry represent the amount of active SAMe contained therein (usually per tablet), as would be 

relevant and useful to consumers looking to maintain a prescribed dosage of SAMe 

supplementation.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 13 of 50
14

outlets, including, but not limited to, the Amazon.com website. Vitamins Because and/or CT 

Health have and continue to sell the subject product to private label companies with knowledge 

and/or intent that the subject product will reach U.S. consumers through various online or in-store 

commercial retail outlets.

32. Private label companies have and continue to purchase the subject product from 

Vitamins Because’s private label website in packages of 12, 100, or 500 bottles containing 90 or 

180 capsules. The purchased subject product bottles are typically the same sealed blue bottles with 

white caps sold directly to consumers on Vitamins Because’s and/or CT Health’s retail website. 

Each bottle in the 12, 100, or 500 bottle packages contain either 90 or 180 capsules. In the past, 

the 12, 100, or 500 bottle packages containing 90 capsules per bottle have been priced at $160.99, 

$1,323.99, and $6,615.99, respectively. In the past, the 12, 100, or 500 bottle packages containing 

180 capsules per bottle have been priced at $239.99, $1,999.99, and $9,948.99, respectively. 

33. The subject product bottles sold by Vitamins Because and/or CT Health from their 

private label websites are typically shipped to private label companies containing the ordering 

companies’ own private labels and logos. Upon information and belief, the private label 

companies’ “custom” labels and logos are typically selected, ordered, and purchased by a company 

from Vitamins Because’s portfolio of stock labels and logos. Each “custom” label and logo design 

is available for sale on their private label website for a one-time charge of $49.99 per label and 

$49.99 per logo. In selecting a label and logo, Vitamins Because works collaboratively with many

private label companies to design and create the labels and logos according to their preferences, 

even allowing the companies to select up to five font choices and three revisions in the designing 

of their labels and logos. These private label companies are also in contact with Vitamins Because 

and/or CT Health to communicate regarding what information Vitamins Because and/or CT Health 

should include on their private labels.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 14 of 50
15

34. After the order and payment for a label and logo is remitted, the purchased label

and logo is then removed from Vitamins Because’s website listing and becomes the exclusive

possession of the purchasing private label company to be used by Vitamins Because for the 

labeling of wholesale stock of bottles of vitamins and dietary supplements purchased by that 

private label company from the Vitamins Because website. When fulfilling that private label 

company’s orders, Vitamins Because then places the company’s custom label they collaboratively 

designed and made for them on their ordered dietary supplement bottles. Vitamins Because thus 

designs, creates, manufactures, and attaches the labels to the private label bottles of many 

independent companies selling vitamins and nutritional supplements manufactured by Vitamins 

Because and/or CT Health, including the subject product. Vitamins Because and/or CT Health

have and continue to design, create, manufacture, and attach the private labels of private label

companies to the subject product bottles with knowledge and/or intent that those private labels will 

be viewed by U.S. consumers in the context of online and/or in-store retail consumer purchasing.

35. At the time of purchase, Vitamins Because and/or CT Health and the private label 

companies17, by and through many companies’ private labels on bottles of the subject product 

which are designed, created, manufactured, and attached to the subject product bottles by Vitamins 

Because and/or CT Health in conjunction with the private label companies, and those companies’ 

retail webpages on Amazon.com and/or other websites, have and continue to represent to

consumers that the subject product capsules included in the subject product bottles with the private 

labels contain 200, 400, 500, 1000 or 1500 mg of SAMe per serving, and 200, 250, 375, 400, or 

500 mg of SAMe per capsule. 

17 These companies include, but are not limited to: We Like Vitamins, Gmax Central LLC (under 

the brand “NusaPure”), aSquared, Inspire Now Pty Ltd (under the brand “BoostCeuticals”), 

Healthy Way (under the brands “Healthy Way Rx” and “Nasa Be’Ahava”), and Jolly Dollar 

Supply Company LLC (under the brand “Mental Refreshment”).

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 15 of 50
16

36. At the time of purchase, Vitamins Because and/or CT Health and the private label 

companies, by and through many companies’ private label on bottles of the subject product which 

are designed, created, manufactured, and attached to the subject product bottles by Vitamins 

Because and/or CT Health in conjunction with the private label companies, and those companies’

retail webpages on Amazon.com and/or other websites, have and continue to represent to 

consumers that the subject product is merchantable, in good condition, and fit for its intended use 

as a dietary supplement as labeled. 

37. Under some circumstances, some private label companies, including Defendant 

Azorio, alternatively have and continue to purchase the subject product from Defendant 

manufacturers and then arrange for the product’s packaging and labeling for consumer resale under 

their own private labels and logos through other means. These private label companies, through 

their private labels, have and continue to similarly represent to consumers, based on the 

representations of Defendant manufacturers, that the subject product capsules included in the 

subject product bottles with the private labels contain 200, 400, 500, 1000 or 1500 mg of SAMe 

per serving, and 200, 250, 375, 400, or 500 mg of SAMe per capsule. These private label 

companies, through their private labels, have and continue to similarly represent to consumers, 

based on the representations of Defendant manufacturers, that the subject product is merchantable, 

in good condition, and fit for its intended use as a dietary supplement as labeled. 

38. Defendant manufacturers have and continue to underfill the subject product SAMe 

capsules with an insufficient amount of active SAMe, far below the represented measures of the 

amount of SAMe, and misrepresent to those who purchase the subject product from them, 

including both consumers and private label companies, like Azorio and its managing members, 

the true amount of SAMe which is present in the subject product capsules. 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 16 of 50
17

39. Thus, the SAMe capsules included in the subject product bottles with private labels

have not and do not contain the stated amounts of milligrams of SAMe per serving and per capsule. 

In fact, the included subject product capsules contain only a small fraction of the represented 

amount of active SAMe milligrams per serving, and less than 150 mg18 of active SAMe per 

capsule.19 Accurate measures of the amounts of active SAMe contained in the subject product are 

not disclosed on the private labels. Moreover, because of its defective nature and low and 

overstated measure of SAMe potency, the subject product is not a merchantable SAMe supplement 

or otherwise fit for its intended use as a dietary supplement as labeled.

40. The subject product sold under various retail labels share common manufacturing 

defects and deficiencies. Moreover, because of the common design and manufacture of the 

subject product as sold under all retail labels, including their impotent state and/or minimal 

amount of active SAMe, all subject product in the market is similarly mislabeled and deceptively 

advertised.

Online Sales

41. Private label companies, including Defendant Azorio, sell bottles of the subject 

product with their own private labels to the consumer public through commercial outlets such as 

Amazon.com and/or their own private websites. 

42. Pictures of the subject product labels and/or the information contained on the 

subject product labels are purposely made available to consumers on Amazon.com webpages and 

all other online venues of sale by sellers prior to their online purchase of any of the privately 

18 Many subject product SAMe capsules sold under private label brands contained far less than 

150 mg of active SAMe per capsule, including some containing as little as 15.9 mg of active SAMe 

per capsule.

19 Representations of milligrams (“mg”) of SAMe on SAMe Supplement labels of brands 

throughout the industry represent the amount of active SAMe contained therein (usually per 

tablet), as would be relevant and useful to consumers looking to maintain a prescribed dosage of 

SAMe supplementation. 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 17 of 50
18

labeled subject product. Consumers, including Plaintiff and putative class members, in all 

circumstances of purchase, whether online or in a store, have and continue to view the contents of 

the subject product labels before making their purchase decision and payment for the subject 

product.

Azorio

43. Azorio sells the subject product to consumers online, through one of its seller 

accounts on Amazon.com. This includes (but may not be limited to) the accounts of Earth Natural 

Supplements (Seller ID: ANAL58EVMKY7H) and GOLDANDSTONES – SUPPLEMENTS 

(Seller ID: A2QZY8BV8FU3RW).

44. Pictures of the subject product labels and/or the information contained on the 

subject product labels are made available to consumers on Amazon.com webpages prior to their 

online purchase of any of the privately labeled subject product. Consumers, including Plaintiff and 

putative class members, in all circumstances of purchase, whether online or in a store, have and 

continue to view the contents of the subject product labels, including the stated amount of SAMe, 

before making their purchase decision and payment for the subject product. 

45. The subject SAMe product sold by Azorio on Amazon.com to the consumer public 

is sealed and packaged in bottles containing one of its private labels. Azorio’s private labels include

(but may not be limited to): Naturetition Supplements, PureControl Supplements, and Earth 

Natural Supplements.

46. Azorio selected, ordered, created, designed and/or purchased their private labels

and logos. In establishing its labels and logos, Defendant worked to craft the label design and the 

included claims to convey its intended messages to consumers.

47. The front of the Naturetition SAMe private label includes Naturetition’s private 

logo (with the name “NATURETITION supplements”) and states in large print “SAM-e” and 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 18 of 50
19

“1500 mg20,” and includes a label icon with the words “ALL NATURAL.” The front of the label 

also states that the subject product contains “No Artificial Ingredients,” “Binders,” “Fillers,” 

“Sugar,” “Gluten,” “Milk.” The side of the label also indicates that the bottle contains 90 or 180 

capsules of dietary supplement as included. Depictions of the front side of the label for bottles of 

the subject product with the Naturetition private label are displayed in Exhibit B. The back and/or 

sides of the label provide “Supplement Facts” representing that 1500 mg of SAM-e (as adenosylmethionine-disulfate tosylate) are contained “Per Serving,” where a serving size is defined as 3 

capsules. The “Supplement Facts” on the back and/or sides of the Naturetition private labels are 

also depicted in Exhibit B. The back and/or sides of the label also provide directions for usage and 

warnings regarding children, a damaged or missing product seal, and the product’s use by pregnant 

or nursing women, and those taking medications. 

48. The front of the PureControl private label SAMe includes PureControl’s private 

logo (with the name “PureControl Supplements”) and states in large print “SAM-e” and “1500 

mg.”21 The front of the label also states that the subject product contains “No Additives” and “No 

Preservatives.” The side of the label also indicates that the bottle contains 90 or 180 capsules of 

the dietary supplement as included. Depictions of the front side of the label for bottles of the subject 

product with the PureControl private label are displayed in Exhibit C. The back and/or sides of the 

label provide “Supplement Facts” representing that 1500 mg of SAM-e (as adenosyl-methioninedisulfate tosylate) are contained “Per Serving,” where a serving size is defined as 2 capsules. The 

20 Representations of milligrams (“mg”) of SAMe on SAMe supplement labels of brands 

throughout the industry represent the amount of active SAMe contained therein, as would be 

relevant and useful to consumers looking to maintain a prescribed dosage of SAMe 

supplementation.

21 Representations of milligrams (“mg”) of SAMe on SAMe supplement labels of brands 

throughout the industry represent the amount of active SAMe contained therein, as would be 

relevant and useful to consumers looking to maintain a prescribed dosage of SAMe 

supplementation.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 19 of 50
20

“Supplement Facts” on the back and/or sides of the PureControl private labels are also depicted in 

Exhibit C. The back and/or sides of the label also provide directions for usage and warnings 

regarding children, a damaged or missing product seal, and the product’s use by pregnant or 

nursing women, and those taking medications. 

49. The front of the Earth Natural private label SAMe includes Earth Natural’s private 

logo (with the name “Earth Natural Supplements”) and states in large print “SAM-e” and “1500 

mg.”22 The front of the label also states that the subject product is “Premium Quality,” “100% 

Natural,” and “Additives Free.” The side of the label indicates that the bottle contains 90 or 180 

capsules of the dietary supplement as included. Depictions of the front side of the label for bottles 

of the subject product with the Earth Natural private label are displayed in Exhibit D. The back 

and/or sides of the label provide “Supplement Facts” representing that 1500 mg of SAM-e (as 

adenosyl-methionine-disulfate tosylate) are contained “Per Serving,” where a serving size is 

defined as 3 capsules. The “Supplement Facts” on the back and/or sides of the Earth Natural private 

labels are depicted in Exhibit D. The back and/or sides of the label also provide directions for 

usage and warnings regarding children, a damaged or missing product seal, and the product’s use 

by pregnant or nursing women, and those taking medications. 

50. The subject product sold by Azorio under various private labels has not and does 

not contain the above stated amounts of milligrams of SAMe per serving and per capsule as 

represented by their respective private labels. In fact, the subject product’s SAMe capsules contain 

less than 25% of the represented amount of active SAMe milligrams per serving, and less than 150

22 Representations of milligrams (“mg”) of SAMe on SAMe supplement labels of brands 

throughout the industry represent the amount of active SAMe contained therein, as would be 

relevant and useful to consumers looking to maintain a prescribed dosage of SAMe 

supplementation.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 20 of 50
21

mg23 of active SAMe per capsule.24 Accurate measures of the amounts of active SAMe contained 

in the subject product are not disclosed on the private labels of the SAMe product sold by Azorio.

51. The subject product sold by Azorio under its various private labels have and 

continue to be manufactured and packaged in the same manner. Accordingly, all subject product 

sold by Azorio contain the same design, manufacture, and/or processing, and approximately the 

same defective amount of SAMe. All subject product sold by Azorio under the Naturetition, 

PureControl, and Earth Natural and other private labels is without any industry-standard outer 

coating.

52. By pre-release data and laboratory examination and testing, company and industrywide knowledge of the chemical nature of SAMe, mandatory design specifications and quality 

control operations and material reviews in the manufacturing, packaging, labeling, and holding 

operations for the subject product, and/or online complaints on Amazon.com webpages, Azorio

has been on actual and/or constructive notice that the subject product lacks the represented amount 

of SAMe and SAMe potency and not fit for its intended purpose for use as a SAMe dietary 

supplement, and falsely labeled as described above. Despite its knowledge, Azorio has and 

continues to mislabel its subject product bottles and fail to disclose to the consumer public, 

23 Many subject product SAMe capsules sold under private label brands contained far less than 

150 mg of active SAMe per capsule, including some containing as little as 15.9 mg of active SAMe 

per capsule.

24 The “Supplement Facts” section on Naturetition, PureControl, and Earth Natural private labels 

expressly state that the represented amount of 1500 mg is of SAM-e (as adenosyl-methioninedisulfate-tosylate). Even assuming the stated amount of 1500 mg connotes the amount of SAdenosyl-L-Methionine Tosylate Disulfate, the salt form containing within it active SAMe, and 

not the amount of active SAMe itself, the label is still grossly mislabeled. Even under this reading 

of the label, the included subject product capsules still contain only a fraction of the represented 

amount of S-Adenosyl-L-Methionine Disulfate Tosylate per serving. Representations of 

milligrams (“mg”) of SAMe on SAMe Supplement labels of brands throughout the industry, 

however, typically represent the amount of active SAMe contained therein (usually per tablet), as 

would be relevant and useful to consumers looking to maintain a prescribed dosage of SAMe 

supplementation.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 21 of 50
22

including Plaintiff and her putative classes, the true and accurate supplement facts regarding the 

amount and nature of the SAMe contained in its subject product. Similarly, Azorio also has and 

continues to actively conceal the true amount of SAMe at the time of purchase and thereafter. 

Azorio has not recalled the sold bottles of the subject product and continues to sell the subject 

product representing it to be a quality SAMe supplement fit for its intended health purposes as 

represented by its private labels. 

Deceptive Practices

53. The acts, practices, and product labeling of Defendant manufacturers and retailers

have and continue to be materially deceptive and misleading. The false product labeling of the 

subject product has and continues to deceive and mislead consumers into believing that the subject 

product contains high amounts of SAMe which greatly exceed the subject products’ actual SAMe 

content. The amount of SAMe contained in a SAMe supplement is its most distinguishing feature 

and a significant purchase motivator for purchasers of such supplements.

54. Defendant manufacturers and retailers knew and know, or should know and should 

have known, that the subject product is and has not been accurately labeled and grossly overstates

the amount of SAMe manufactured into the subject product’s capsules and stated serving sizes.

Knowledge of the false labeling and its gross overstatement of included SAMe was easily attained 

by Defendant manufacturers’ and retailers’ scientific knowledge of SAMe, its biological functions, 

and its tosylate disulfate salt form; knowledge of the SAMe controlled manufacturing process and 

consumer dietary supplement industry; knowledge regarding the manufacturing and ingredients 

included in the specific subject product, including capsule weight25; internal pre-release laboratory 

25 The entity fill weight of the subject product capsules has often approximated only 500-600 mg, 

making the inclusion of represented amounts of 375-500 mg of active SAMe per capsule (when 

considered along with the necessary amount of s-adenosyl-methionine tosylate disulfate needed to 

maintain that amount of active SAMe and the minimal amount of filler material (e.g., gelatin and 

rice powder) necessary for capsule formation) a manufacturing/structural impossibility.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 22 of 50
23

acceptance and release testing and quality control measures; and online consumer complaints and 

feedback.

26

55. Defendant manufacturers and retailers intentionally, recklessly, and/or negligently 

misrepresented to consumers the amount of active SAMe contained in the subject product by 

actively mislabeling the subject product with false and grossly overstated representations of the 

amount of SAMe included in the supplement’s capsules and serving sizes. 

56. Defendant manufacturers and retailers intentionally, recklessly, and/or negligently 

misled purchasers and consumers into believing they were securing with their purchase of the 

subject product a value purchase of fully effective, non-defective SAMe supplement, containing 

the stated amounts of SAMe.

57. Defendant manufacturers and retailers intentionally, recklessly, and/or negligently 

advertised and/or represented the subject product to consumers with material omissions and active 

concealment of material facts. The material omissions by Defendant manufacturers and retailers

include failure to disclose on the subject product labels the accurate measure of active SAMe 

included in each included capsule, as is required on product labels of SAMe supplements. An 

accurate measure of the amount of active SAMe included in each capsule is material information 

which any reasonable consumer would need to know in the context of purchasing SAMe 

supplements in order to make a reasonably informed purchase decision. Particularly with the 

subject product, where each included SAMe capsule contains significantly less active SAMe per 

capsule as compared with many SAMe supplement tablets available to U.S. consumers online and 

sold throughout the industry, accurate disclosure of the amount of included active SAMe is both 

material and necessary for consumers. In fact, many SAMe supplements sold in the consumer 

26 Online consumer complaints on Amazon.com webpages and elsewhere include complaints of 

the subject product’s ineffectiveness as a SAMe supplement, deceptive labeling, etc.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 23 of 50
24

market contain 200 or 400 mg of active SAMe per tablet, and Defendant manufacturers’ and 

retailers’ nondisclosure of the accurate amount of active SAMe contained in the subject product 

has and continues to be materially deceptive to reasonable consumers expecting their purchased 

SAMe supplement to contain a higher amount per capsule. Moreover, because SAMe supplements 

sold in the consumer market contain labels which accurately disclose the amount of active SAMe 

contained within the labeled SAMe supplement, reasonable consumers expect accurate disclosure 

of this information, and have and continue to be deceived as to the quality and quantity of the 

SAMe contained in the subject product they purchased without such disclosure. Moreover, clear 

and accurate disclosure of the amount of active SAMe contained in each capsule is material and 

necessary to consumers as reasonable consumers purchase SAMe supplements in an effort to 

consume a prescribed or recommended amount of SAMe supplementation as prescribed by their 

doctors or medical professionals which can only be maintained with clear and accurate disclosure 

of SAMe amounts on the subject product labels and web retail postings.

58. The material omissions by Defendant manufacturers and retailers also include their 

failure to disclose to consumers, including Plaintiff and her putative classes, that the subject 

product was defectively designed, manufactured, and/or processed as detailed herein. Defendant 

manufacturers and retailers failed to disclose to consumers, including Plaintiff and her putative 

classes, that the subject product lacks the proper enteric coating, a feature which is key to most 

SAMe supplement’s proper bodily absorption.

59. Defendant manufacturers and retailers intentionally, recklessly, and/or negligently 

engaged in deceptive and misleading acts by devising misleading and deceptively manipulated

serving sizes (i.e., x number of capsules per serving) whose true amounts of active SAMe do not 

correlate to proper dosages of SAMe which are typically recommended by the medical profession

or used in the SAMe supplement industry. These manipulated serving sizes (i.e., ranging from 1 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 24 of 50
25

to 4 capsules) which are printed on the subject product labels in their “Supplement Facts” section 

are represented to consumers as typical serving sizes, and assumed to provide consumers with an 

amount of SAMe typically expected from a serving of a SAMe supplement in the supplement 

industry. In reality, the subject product labels grossly overstate the amount of active SAMe present 

in every serving. As a result, the actual amount of SAMe present in the printed serving sizes (i.e.,

x number of capsules per serving) bear no correlation to any recommended amount of SAMe to 

be supplemented in one’s diet on a regular basis. Such manipulation of serving sizes misleads 

consumers into believing that by consuming the stated serving size they are receiving a proper and 

typical dosage amount of SAMe, when they are, in fact, receiving a different (and far less) amount 

of the active SAMe they seek.

Injury

60. Plaintiff and her putative classes have been economically injured as a result of 

Defendant manufacturers’ and retailers’ deceptive acts, practices and false labeling. The subject 

product’s deceptive labels, which Plaintiff and the putative classes of consumers viewed online or 

in person prior to their purchase and which communicated false information and failed to disclose 

material information about their defective nature, caused them to decide to purchase the subject 

products over other available accurately labeled and non-defective SAMe supplements on the 

market. 

61. Plaintiff and putative class members acted reasonably in relying on Defendant 

manufacturers’ and retailers’ misrepresentations and omissions, the truth of which they could not 

have reasonably discovered.

62. Plaintiff and putative class members have been injured by Defendant 

manufacturers’ and retailers’ illegal and deceptive acts in the entire amount of the purchase price 

they paid for the subject products which were worthless and unfit for their intended purpose as a 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 25 of 50
26

SAMe supplement because the subject product capsules were defective, unsafe for consumption,

and severely lacking in a requisite amount of active SAMe for a dietary supplement of its kind. 

63. As a result of Defendant manufacturers’ and retailers’ illegal and deceptive

practices, Plaintiff and putative class members did not receive the benefit of their bargain or the 

value of their purchase in their purchases of the subject product.

64. Plaintiff and putative class members relied upon Defendant manufacturers’ and 

retailers’ false and deceptive labeling and material omissions in choosing to purchase the subject 

product. Had Plaintiff and putative class members known that the subject product was falsely and 

deceptively labeled, and defective in its manufacturing, they would not have paid the purchase 

price and/or purchased the subject product. The Defendant manufacturers’ and retailers’ false and 

deceptive labeling and material omissions caused Plaintiff and putative class members to purchase 

the subject product over other available SAMe supplements sold on the market. Had Plaintiff and 

putative class members never viewed the subject products’ deceptive and misleading labels, they 

would not have been misled to believe that the subject products contained in the range of 200-500 

mg of SAMe per capsule, and would not have been injured as they were from having selected and 

purchased the subject products at any purchase price.

65. Through their falsely stated SAMe quantities and material omissions regarding the 

defective nature of the included SAMe capsules, Defendant manufacturers and retailers misled 

consumers, including Plaintiff and putative class members, into purchasing the subject product

with the false belief that they were securing a value purchase for industry standard and/or effective 

SAMe supplements containing the stated quantities of SAMe. In fact, far from receiving a value 

purchase with the amount of SAMe printed on the subject products’ labels, consumers, including 

Plaintiff and the putative classes, purchased a product which, because of its minimal quantity of 

active SAMe and defective nature, was without the stated quantities of SAMe and unfit for its 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 26 of 50
27

intended use as a SAMe supplement, and thus of no value to consumers. Moreover, far from 

receiving a purchase of the represented value, consumers, including Plaintiff and the putative 

classes, were misled into purchasing a product of no value whose use could lead to significant 

injury from its premature release of acid in the digestive track, as well as from the lack of proper 

SAMe dosage it provides, as purchasers typically rely on the accuracy of dietary supplement 

labeling to maintain a proper dosage of SAMe as recommended by their doctors and/or health 

professionals.

66. The subject product’s deceptive labels also caused Plaintiff and the putative classes

to pay a premium or inflated price per milligram of active SAMe included in the subject product 

as charged by Vitamins Because and/or CT Health and the private label or commercial retailers 

for the subject product over other accurately labeled SAMe supplements in the market which 

charge lower prices per milligram for non-defective and accurately labeled SAMe supplements.

67. Thus, the subject products’ deceptive labels caused Plaintiff and the putative classes

to pay a premium or inflated price to Defendants or other private label sellers for the subject 

product instead of purchasing another cheaper (as measured per milligram of active SAMe) and 

properly manufactured SAMe supplement. Had Plaintiff and putative class members never viewed 

the subject products’ deceptive and misleading label, they would not have been misled into 

believing that the subject product contained in the range of 200-500 mg of SAMe per capsule, and 

would not have been injured as they were from having paid a premium or increased price for the 

small amount of active SAMe the subject product capsules actually contain. Moreover, had 

Plaintiff and putative class members never viewed the subject products’ deceptive and misleading 

label, they would not have been misled into believing that the subject product contained properly 

manufactured, non-defective SAMe supplement, and would not have been injured as they were 

from having paid a premium or increased price for a defective SAMe consumer product.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 27 of 50
28

68. Defendant manufacturers’ and retailers’ false and deceptive labeling also caused 

Plaintiff and putative class members to not receive the monetary value of their purchase. Plaintiff 

and putative class members received only a small fraction of the amount of SAMe which the 

subject product labels represented would be included in their purchase for the price they paid.

69. Defendant manufacturers’ and retailers’ false and deceptive labeling also caused 

Plaintiff and putative class members to overpay for defective SAMe supplements. Had the subject 

products’ defects been revealed prior to the time of purchase, Plaintiff and putative class members 

would not have purchased the subject product or would have paid a lower purchase price for the 

subject product.

70. Defendant manufacturers’ and retailers’ false and deceptive labeling also caused 

Plaintiff and putative class members to be deprived of the opportunity to buy and consume a proper 

dosage and/or recommended amount of SAMe. Because of the subject products’ false and 

deceptive labels, Plaintiff and putative class members were led to believe they were consuming in 

the range of 200-500 mg of SAMe per capsule. They did not realize they were only consuming a 

small fraction of that amount of SAMe when consuming capsules of the subject product, and were 

thus deprived of the health benefits of a full and proper dosage.

CLASS ACTION ALLEGATIONS

71. Plaintiff brings this action on her own behalf and on behalf of all other persons 

similarly situated, pursuant to the Federal Rules of Civil Procedure 23(a)-(b), on behalf of classes

consisting of persons who purchased the subject product. Excluded from the classes are 

Defendants, their officers and directors at all relevant times, members of their immediate families 

and their legal representatives, heirs, successors or assigns and any entity in which Defendants

have or had a controlling interest, as well as any person, firm, trust, corporation, or other entity 

who purchased the subject product for resale. 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 28 of 50
29

72. The classes which Plaintiff Ginsberg seeks to represent are defined as:

1) All persons who purchased the subject product in or as a resident of the 

United States of America (“nationwide class”). The term “persons” 

includes individuals as well as profit and not-for-profit corporations, 

partnerships, limited liability companies, limited liability partnerships, 

joint ventures, sole proprietorships, associations, firm, trust and other 

business and governmental entities. 

Excluded from this class are any persons or other entity related to or 

affiliated with Defendants; any person, firm, trust, corporation, or other 

entity who purchased the subject product for resale; or any person who 

has an action for damages for personal injury or death or property 

damage against Defendants.

2) All persons who purchased the subject product in or as a resident of the 

state of Florida (“Florida subclass”). The term “persons” includes 

individuals as well as profit and not-for-profit corporations, 

partnerships, limited liability companies, limited liability partnerships, 

joint ventures, sole proprietorships, associations, firm, trust and other 

business and governmental entities. 

Excluded from this class are any persons or other entity related to or 

affiliated with Defendants; any person, firm, trust, corporation, or other 

entity who purchased the subject product for resale; or any person who 

has an action for damages for personal injury or death or property 

damage against Defendants.

3) All persons who purchased the subject product as sold under one of 

Azorio’s private labels, including, but not limited to, the Naturetition, 

PureControl, and Earth Natural private labels, in or as a resident of the 

United States of America (“Azorio subclass”). The term “persons” 

includes individuals as well as profit and not-for-profit corporations, 

partnerships, limited liability companies, limited liability partnerships, 

joint ventures, sole proprietorships, associations, firm, trust and other 

business and governmental entities. 

Excluded from this class are any persons or other entity related to or 

affiliated with Defendants; any person, firm, trust, corporation, or other 

entity who purchased the subject product as sold under one of Azorio’s 

private labels for resale; or any person who has an action for damages 

for personal injury or death or property damage against Defendants.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 29 of 50
30

NUMEROSITY

73. The members of the Classes are so numerous that joinder of all members is 

impracticable. The Classes are made up of thousands of consumers. The precise number of Class 

members for the Classes can only be ascertained through discovery, which includes Defendants’

sales records. The disposition of their claims through a class action will benefit all parties to this 

action and this Court. 

COMMON QUESTIONS OF LAW AND FACT

74. There is a well-defined community of interest in the questions of law and fact 

involved which affect the Plaintiff and members of the Classes.

75. The questions of law and fact common to the Classes predominate over questions 

which may affect individual members, and include, but are not limited to, the following:

(a) Whether the subject product labels have and continue to contain false, 

deceptive and/or misleading representations regarding the amount of active 

SAMe contained in the subject product capsules;

(b) Whether the subject product labels have and continue to contain deceptive, 

misleading, and/or manipulated serving sizes which induced consumers to 

purchase the subject product;

(c) Whether the subject product is defective and unfit for purposes of its 

intended use as a SAMe supplement;

(d) Whether the subject product labels have and continue to contain material 

omissions regarding the amount of active SAMe contained in the SAMe 

supplement contained therein;

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 30 of 50
31

(e) Whether the subject product labels have and continue to contain material 

omissions regarding the defective nature of the subject product, and 

specifically its lack of enteric coating;

(f) Whether Defendant manufacturers and retailers made material omissions to 

Plaintiff, putative class members, and the public concerning the content and 

safety of the product;

(g) Whether reasonable consumers would be and/or were in fact deceived by 

Defendant manufacturers’ and retailers’ alleged false, deceptive and/or 

misleading representations;

(h) Whether Plaintiff, putative class members, and reasonable consumers failed 

to receive the represented value of SAMe in their purchase of the subject 

product;

(i) Whether Plaintiff, putative class members, and reasonable consumers paid 

an inflated price and/or price premium for the subject product and/or the 

amount of SAMe they received in their purchase;

(j) Whether Defendant manufacturers and retailers violated Florida’s Deceptive 

and Unfair Trade Practices Act, Fla. Stat. §§ 501.201 through 501.213;

(k) Whether Defendant manufacturers and retailers breached the subject 

product’s implied warranty of merchantability, including whether the subject 

product contained sufficient amounts of SAMe pers serving and/or per 

capsule to qualify as a merchantable dietary supplement, fit for its intended 

purpose;

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 31 of 50
32

(l) Whether the Defendant manufacturers’ and retailers’ representations online 

and on the subject product labels constitute express warranties and whether 

Defendant manufacturers and retailers breached such express warranties;

(m) Whether Defendant manufacturers’ and retailers’ representations online and 

on the subject product labels constitute intentional or negligent 

misrepresentations;

(n) Whether class members are entitled to actual, statutory, and/or punitive

damages and if so, the appropriate amount thereof.

TYPICALITY

76. The claims of Plaintiff, as the representative Plaintiff, are typical of the claims of 

the classes because Plaintiff and members of the Classes were all subject to Defendant

manufactures’ deceptive sales practice in their purchases of the subject product. Plaintiff, like all 

class members, purchased bottles of the subject product which were intentionally false and 

deceptively labeled, defective, and unfit for their intended purposes as SAMe supplements. 

ADEQUACY OF REPRESENTATION

77. Plaintiff, as the representative Plaintiff, will fairly and adequately assert and protect 

the interests of the Classes as:

(a) Plaintiff has hired attorneys who are experienced in prosecuting class action 

claims and will adequately represent the interests of the Classes; and

(b) Plaintiff has no conflict of interest that will interfere with the maintenance

of this class action.

PREDOMINANCE

78. With respect to the Classes, questions common to the classes predominate over 

those which only affect individual purchasers of the subject product. This case involves Defendant 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 32 of 50
33

manufacturers’ and retailers’ deceptive practices in labeling of the subject product and sale of 

defective SAMe supplements. Liability will primarily be predicated upon the jury’s evaluation of 

Defendant manufacturers’ and retailers’ sales, manufacturing, marketing, and labeling practices in 

regards to the subject product.

SUPERIORITY

79. A class action provides a fair and efficient method for the adjudication of this 

controversy for the following reasons:

(a) The common questions of law and fact set forth herein predominate over 

any questions affecting only individual Class members;

(b) The Classes are so numerous as to make joinder impracticable. The Classes, 

however, are not so numerous as to create manageability problems. There 

are no unusual legal or factual issues which would create manageability 

problems;

(c) Prosecution of a separate action by individual members of the Classes

would create a risk of inconsistent and varying adjudications against 

Defendants when confronted with incompatible standards of conduct;

(d) The claims of the individual Class members are small in relation to the 

expenses of litigation, making a class action the only procedure in which 

Class members can, as a practical matter, recover; and

(e) A class action would be superior to and more efficient than adjudicating 

thousands of individual lawsuits.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 33 of 50
34

FIRST CAUSE OF ACTION

(Violation of the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”)) 

(Fla. Stat. §§ 501.201, et seq.)

(Brought on behalf of the Nationwide Class, Florida Subclass, and Azorio Subclass)

80. Plaintiff Ginsberg asserts this cause of action on behalf of herself, the nationwide 

class, the Florida subclass, and the Azorio subclass against Defendants Vitamins Because and CT 

Health. Plaintiff Ginsberg asserts this cause of action on behalf of herself and the Azorio subclass 

against Defendant Azorio.

81. Plaintiff assert this cause of action under Florida law.

82. Plaintiff and her classes repeat and allege the allegations contained in paragraphs 

1-79 of this complaint as if fully set forth herein.

83. Plaintiff and class members who purchased the subject product are “consumers” 

under the FDUTPA. 

84. Defendant manufacturers’ and retailers’ practices, acts, policies and course of 

conduct violated FDUTPA in that:

(a) Defendant manufacturers and retailers knowingly and willfully, negligently, 

and/or recklessly engaged in unfair, unconscionable, and deceptive acts and 

practices in or affecting commerce, through their false and deceptive labeling 

of the subject product, material omissions regarding the subject product’s 

manufacturing and packaging defects, and material omissions regarding the 

true amounts of SAMe and serving sizes contained in the subject product 

capsules. Such pattern of conduct was uniform in nature with respect to the 

marketing and sale of the subject product.

(b) Defendant manufacturers and retailers knowingly and willfully concealed, 

suppressed and consciously omitted material facts from Plaintiff and other 

members of the Classes knowing that consumers would rely on the subject 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 34 of 50
35

product bottle labeling and marketing and Defendant manufacturers’ and 

retailers’ uniform misrepresentations concerning the amount of SAMe 

contained in the subject product capsules and designated serving sizes.

85. Defendant manufacturers’ and retailers’ acts and material omissions possessed the 

tendency or capacity to mislead or create the likelihood of deception.

86. Plaintiff and putative class members relied upon Defendant manufacturers’ and 

retailers’ deceptive acts and material omissions in connection with their purchase of the subject 

product.

87. To date, Defendant manufacturers and retailers have and continue to knowingly 

accept the benefits of their deception and improper conduct in the form of profits from the 

increased sale of the subject product.

88. As a proximate result of the FDUTPA violations described herein, Plaintiff and 

class members: (a) purchased and consumed the subject product when they would not otherwise 

have purchased and consumed; (b) suffered economic losses consisting of the purchase price of 

the subject product or the value of represented SAMe not received, or, alternatively, the price 

premium they paid for the SAMe they received in the subject product; and (c) suffered and will 

suffer the loss of diminished dosages of SAMe supplementation. 

89. As a direct and proximate result of these deceptive commercial practices, Plaintiff 

and the members of the putative Classes have been injured and are entitled to recover actual 

damages to the extent permitted by law in an amount to be proven at trial.

90. Plaintiff and putative class members seek actual damages, restitution of purchase 

costs, and civil penalties permitted by Fla. Stat. §§ 501.2075.

91. Plaintiff and putative class members also seek appropriate equitable relief, 

including an order requiring Defendant manufacturers and retailers to adequately disclose and/or

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 35 of 50
36

remediate the subject product’s defects, its true amount of active SAMe, accurate and reasonable 

supplement serving sizes as disclosed on supplement labels throughout the SAMe supplement 

industry, as well as an order enjoining Defendant manufacturers and retailers from further 

engaging in such mislabeling and material omissions in the future. Plaintiff and class members

also seek attorneys’ fees and any other just and proper relief available under FDUTPA.

SECOND CAUSE OF ACTION

(Breach of Implied Warranties)

(Brought on behalf of the Nationwide Class, Florida Subclass, and Azorio Subclass)

92. Plaintiff Ginsberg asserts this cause of action on behalf of herself, the nationwide 

class, the Florida subclass, and the Azorio subclass against Defendants Vitamins Because and CT 

Health. Plaintiff Ginsberg asserts this cause of action on behalf of herself and the Azorio Subclass 

against Defendant Azorio.

93. Plaintiff asserts this cause of action under Florida law.

94. Plaintiff and her classes hereby incorporate by reference the allegations contained 

in paragraphs 1-79 of this complaint as though set forth fully herein.

95. Defendant manufacturers and retailers are “merchants” and/or “sellers” with 

respect to the subject product and goods of that kind as defined under the Uniform Commercial 

Code (“UCC”) and Fla. Stat. § 672.314. 

96. All bottles of subject product are “goods” as defined under the UCC. 

97. Defendant manufacturers and retailers impliedly warranted that the subject product 

is of a merchantable quality and fit for ordinary use as SAMe dietary supplement.

98. Defendant manufacturers and retailers impliedly warranted that the subject product 

is of fair average quality within the provided description on product labels.

99. Defendant manufacturers and retailers impliedly warranted that the subject product 

conforms to the representations and/or affirmations of fact made on the product labels.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 36 of 50
37

100. Defendant manufacturers and retailers impliedly warranted that the subject product 

capsules are of even kind, quality and quantity within each product bottle as labeled and among 

all similarly labeled subject product bottles sold.

101. Defendant manufacturers and retailers breached their implied warranty because the 

subject product manufactured, labeled, and sold to Plaintiff and putative classes has and continues 

to not be of fair average quality as implied by the label representations and fails to conform to the 

representations and/or affirmations of fact made on the product labels due its inherent 

manufacturing defects, and minimal and insufficient amounts of active SAMe contained in the 

subject product capsules and designated serving sizes. 

102. Defendant manufacturers and retailers breached their implied warranty because the 

subject product manufactured, labeled, and sold to Plaintiff and putative class members has and 

continues to not be of a merchantable quality and/or fit for its intended use due its inherent 

manufacturing defects and minimal and insufficient amounts of active SAMe contained in the 

subject product capsules and designated serving sizes. Moreover, subject product capsules within 

each product bottle as labeled and among all similarly labeled subject product bottles sold were 

not of the even kind, quality and quantity represented on the product labels.

103. Plaintiff’s and putative Class members’ interactions with private label retailers 

suffice to create privity of contract between Plaintiff and putative Class members, on the one hand, 

and Defendant manufacturers and retailers, on the other hand; however, privity of contract need 

not be established nor is it required because, as consumers, Plaintiff and putative Class members 

are intended third party beneficiaries of contracts (including implied warranties) between 

Defendant manufacturers and the private label retailers, including Azorio, who sell the subject 

product to consumers. Defendant manufacturers’ and retailers’ implied warranty of 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 37 of 50
38

merchantability and fitness is designed for the benefit of consumers who purchase(d) the subject 

product. 

104. As a direct and proximate result of the breach of said warranties, Plaintiff and 

putative Class members were injured and are entitled to damages. 

105. Any attempt by Defendant manufacturers and retailers to disclaim or limit the 

implied warranty of merchantability vis-à-vis consumers is unconscionable and unenforceable. 

Specifically, Defendant manufacturers’ and retailers’ warranty limitations set forth online are 

unenforceable because Defendant manufacturers and retailers knowingly sold a defective and 

falsely and deceptively labeled product without informing consumers the subject product’s defects 

and true amount of contained SAMe.

106. Plaintiff and putative Class members have complied with all obligations under the 

warranty or otherwise have been excused from performance of said obligations as a result of 

Defendant manufacturers’ and retailers’ conduct described herein.

107. Defendant manufacturers and retailers were provided notice of these issues by 

complaints lodged by consumers and their knowledge regarding the subject product and its 

manufacturing.

THIRD CAUSE OF ACTION

(Breach of Express Warranty)

(Brought on behalf of the Nationwide Class, Florida Subclass, and Azorio Subclass)

108. Plaintiff Ginsberg asserts this cause of action on behalf of herself, the nationwide 

class, the Florida subclass, and the Azorio subclass against Defendants Vitamins Because and CT 

Health. Plaintiff Ginsberg asserts this cause of action on behalf of herself and the Azorio subclass 

against Defendant Azorio.

109. Plaintiff asserts this cause of action under Florida law and Fla. Stat. § 672.313.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 38 of 50
39

110. Plaintiff and their classes hereby incorporate by reference the allegations contained 

in paragraphs 1-79 of this complaint as though set forth fully herein.

111. Defendant manufacturers and retailers, directly or indirectly through their wholly 

owned agents or business partners, provided uniform affirmative misrepresentations about the 

subject product in their misleading advertising, marketing, and/or business communications, 

including the false and deceptive labeling of the subject product. The uniform capsules and the 

various affirmative descriptions made concerning the subject product, including various retail 

labels attached to bottles of the subject product (see e.g. Exhibits A-D), were made part of the basis 

of the bargain and thereby created an express warranty that the subject product conformed to the

label descriptions pursuant to the UCC express warranty provisions adopted by Florida under Fla. 

Stat. § 672.313. Plaintiff and the classes thereby relied upon such warranties. By law, Plaintiff and 

their classes have entered into certain express warranty agreements with Defendant manufacturers 

and retailers. 

112. To the extent there were disclaimers, if any, they were not of a size, type, and 

location that would adequately inform a reasonable consumer that Defendant manufacturers’ and 

retailers’ representations alleged on the labels and online were not as represented. 

113. Had a putative Class member researched a private label retailer’s SAMe brand 

online, he or she would have found the same or substantially similar false and/or deceptive 

supplement facts on private label websites and purchase webpages, which falsely reported 

inaccurate supplement information on par with the false and deceptive information printed on the 

subject product bottle labels. 

114. With the material affirmative misrepresentations and material omissions on all

subject product label bottles, Defendant manufacturers and retailers breached their express 

warranties to Plaintiff and the classes when they manufactured, labeled and/or sold them subject 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 39 of 50
40

product consisting of uniformly defective and impotent SAMe supplement capsules that did not 

contain the represented amount of SAMe and that did not conform to the description of the SAMe 

supplement provided to them on the label and in other marketing sources.

115. As a result of the foregoing, Plaintiff and her putative classes are entitled to 

compensatory damages for breach of express warranty in an amount to be proven at trial, and 

punitive damages because Defendant manufacturers and retailers acted in a manner contrary to 

public purpose and with intent to mislabel the subject product. 

FOURTH CAUSE OF ACTION

(Violation of the Magnusson-Moss Warranty Act (“MMWA”))

(15 U.S.C. §§ 2301 et seq.)

(Brought on behalf of the Nationwide Class, Florida Subclass, and Azorio Subclass)

116. Plaintiff Ginsberg asserts this cause of action on behalf of herself, the nationwide 

class, the Florida Subclass, and the Azorio subclass against Defendants Vitamins Because and CT 

Health. Plaintiff Ginsberg asserts this cause of action on behalf of herself and the Azorio subclass 

against Defendant Azorio.

117. Plaintiff asserts this cause of action under federal law and the MMWA, 15 U.S.C. 

§ 2301(3).

118. Plaintiff and their putative classes hereby incorporate by reference the allegations 

contained in paragraphs 1-79 and 92-115 of this complaint as though set forth fully herein.

119. Plaintiff and putative Class members are “consumers” within the meaning of the 

MMWA. 15 U.S.C. § 2301(3).

120. The subject product purchased by Plaintiff and Class members under its various 

retail labels is considered a “consumer product” within the meaning of the MMWA. 15 U.S.C. § 

2301(1).

121. Defendant manufacturers and retailers are “suppliers” and “warrantors” within the 

meaning of the MMWA. 15 U.S.C. § 2301(4)-(5). 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 40 of 50
41

122. This claim is being brought under Section 2310(d)(a) of the MMWA as a state 

cause of action over which this Court has supplemental jurisdiction which provides a cause of 

action for consumers who are harmed by the failure of a warrantor to comply with a written or 

implied warranty. 

123. The subject products’ implied warranties are accounted for under Section 2301(7) 

of the MMWA, and are warranties which Defendant manufacturers and retailers cannot disclaim, 

when they fail to provide merchantable goods. 

124. As set forth herein, Defendant manufacturers and retailers breached their implied 

and express warranties with Plaintiff and Class members. 

125. The subject product sold under various retail labels share common manufacturing 

defects and deficiencies. Moreover, because of the common design and manufacture of the subject 

product as sold under various retail labels, including their impotent state and minimal amount of 

active SAMe, all subject product as sold under various retail labels are similarly mislabeled and 

deceptively advertised.

126. Plaintiff and putative class members hereby demand that Defendant manufacturers 

and retailers pay the expenses associated with the purchase and shipping of the subject product

which were borne by consumers, including Plaintiff and putative class members. 

127. As a direct and proximate result of Defendant manufacturers’ and retailers’ breach 

of implied and express warranties pursuant to 15 U.S.C. § 2310(d)(1), Plaintiff and putative Class 

members have suffered damages in an amount to be proven at trial. 

128. The amount in controversy for Plaintiff and each putative Class members’ 

individual claims meets or exceeds the sum of $25. The total amount in controversy of this action 

in sum exceeds $50,000, exclusive of interest and costs, computed on the basis of all claims to be 

determined in this lawsuit. 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 41 of 50
42

129. Plaintiff and putative Class members are entitled to recover damages as a result of 

Defendant manufacturers’ and retailers’ breach of warranties. Plaintiff and putative Class members 

are also entitled to seek costs and expenses, including attorneys’ fees, under the MMWA. 15 

U.S.C. § 2310(d)(2).

FIFTH CAUSE OF ACTION

(Intentional Misrepresentation)

(Brought on behalf of the Nationwide Class, Florida Subclass, and Azorio Subclass)

130. Plaintiff Ginsberg asserts this cause of action on behalf of herself, the nationwide 

class, the Florida subclass, and the Azorio subclass against Defendants Vitamins Because and CT 

Health. Plaintiff Ginsberg asserts this cause of action on behalf of herself and the Azorio subclass 

against Defendant Azorio.

131. Plaintiff asserts this cause of action under Florida law.

132. Plaintiff and her classes hereby incorporate by reference the allegations contained 

in paragraphs 1-79 of this complaint as though set forth fully herein.

133. Defendant manufacturers and retailers intentionally made and/or set forth to a 

market of consumers false representations regarding the nature of the subject product and the 

amount of active SAMe contained in the subject product which they knew were not accurate.

134. Defendant manufacturers and retailers have and continue to know that the 

misrepresentations printed on the labels of the subject product bottles are false and misleading.

135. Defendant manufacturers and retailers have and continue to intend that the 

misrepresentations printed on the labels of the subject product bottles induce consumers, including 

Plaintiff and putative class members, into relying on the misrepresentations in deciding to purchase 

the subject product and/or pay a price premium in order to obtain a prescribed or desired amount 

of active SAMe for dietary supplement and health purposes.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 42 of 50
43

136. Plaintiff and putative class members relied upon the misrepresentations printed on 

the labels of the subject product bottles in choosing to purchase the subject product. Because of 

Plaintiff’s and putative class members’ reliance on the misrepresentations, Plaintiff and putative

class members were thereby caused harm in the form of having paid monies to purchase the subject 

product which is not of merchantable quality and/or not fit for its intended use, and/or paid a price 

premium for the amount of active SAMe contained in the subject product bottles.

137. Plaintiff’s and putative class members’ reliance on the misrepresentations printed 

on the labels of the subject product bottles was justified because the represented amount of SAMe 

per serving was not, and is not, obviously false, as many SAMe dietary supplements sold in the 

consumer market contain those or similar amounts of SAMe. Moreover, Plaintiff and class 

members acted as typical and reasonable consumers under the circumstances in relying upon the 

assumed accuracy of dietary supplement and vitamin labels in deciding what product to purchase.

138. Plaintiff and putative class members have, as a result of their reliance on the 

misrepresentations printed on the labels of the subject product bottles, suffered injury and 

pecuniary damages as set forth in this complaint, including monies paid for the purchase of the 

subject product and/or a price premium for the included amount of active SAMe.

SIXTH CAUSE OF ACTION

(Negligent Misrepresentation)

(Brought on behalf of the Nationwide Class, Florida Subclass, and Azorio Subclass)

139. Plaintiff Ginsberg asserts this cause of action on behalf of herself, the nationwide 

class, the Florida subclass, and the Azorio subclass against Defendants Vitamins Because and CT 

Health. Plaintiff Ginsberg asserts this cause of action on behalf of herself and the Azorio subclass 

against Defendant Azorio.

140. Plaintiff asserts this cause of action under Florida law.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 43 of 50
44

141. Plaintiff and her classes hereby incorporate by reference the allegations contained 

in paragraphs 1-79 of this complaint as though set forth fully herein.

142. Plaintiff and putative class members, as commercial consumers of the subject 

product, stood in a “special relationship” with Defendant manufacturers and retailers, the 

manufacturers, distributors, and/or retail sellers of the subject product, and justifiably relied upon 

their representations in purchasing and using the subject product. In making the previously noted

false and deceptive representations regarding the subject product, Defendant manufacturers and 

retailers held or appeared to hold unique or special expertise regarding the chemical makeup of the 

product’s SAMe contents and potency. Defendant manufacturers and retailers held themselves out 

as holding some type of special expertise regarding SAMe supplements, or at least some level of 

medical or scientific backing for its claims regarding the included SAMe, the amount of SAMe 

contained therein and its health benefits. 

143. Plaintiff and putative class members also stood in a “special relationship” with 

Defendant manufacturers and retailers, because they, as manufacturers, distributors, and/or 

retailers of many types of vitamins and dietary supplements, maintain or should maintain unique 

knowledge of the ingredient make-up of their products and their proper and safe constitution. 

Plaintiff and putative class members therefore reasonably placed their trust and confidence in the 

representations made by Defendant manufacturers and retailers regarding the amount of SAMe in 

the subject product and its manufacture. Moreover, Defendant manufacturers and retailers, as the 

manufacturers, distributors, and/or retailers of the subject product, were well aware that the subject 

product label’s representations would cause a reasonable consumer to purchase and rely upon the 

product for maintaining their recommended dosages of SAMe supplementation; as well as to use 

the label’s representations to evaluate the subject product in comparison to the numerous other 

SAMe brands and supplements placed for sale on the Amazon.com website and other retail venues. 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 44 of 50
45

Defendant manufacturers and retailers therefore owed a duty of care to consumers, including 

Plaintiff and putative class members, to accurately represent the quality and quantity of their 

vitamin and dietary supplement products, including the subject product.

144. In breach of their duty of care, Defendant manufacturers and retailers negligently 

and/or recklessly made and/or set forth to a market of consumers false, deceptive, and misleading

representations regarding the nature of the subject product and the amount of included active 

SAMe that they should have known was not fair and accurate.

145. The information supplied in the subject product labels were known by Defendant 

manufacturers and retailers to be desired by the reasonable consumer for the purpose of selecting 

for purchase a SAMe supplement of sufficient SAMe and consumer value.

146. Plaintiff and class members were influenced by the subject product labels’ 

deceptive and misleading representations and caused to select the subject product for purchase 

over other non-defective and accurately labeled SAMe supplements available for purchase on 

Amazon.com and in the rest of the market. This selection was to Plaintiff and class members’ 

detriment as the product was falsely labeled, defectively manufactured and packaged, and unfit for 

purposes of a SAMe supplement.

SEVENTH CAUSE OF ACTION

(Injunctive Relief)

(Brought on behalf of the Nationwide Class, Florida Subclass, and Azorio Subclass)

147. Plaintiff Ginsberg asserts this cause of action on behalf of herself, the nationwide 

class, the Florida subclass, and the Azorio subclass against Defendants Vitamins Because and CT 

Health. Plaintiff Ginsberg asserts this cause of action on behalf of herself and the Azorio subclass

against Defendant Azorio.

148. Plaintiff asserts this cause of action and request for injunctive relief under Florida 

state law, as well as federal law.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 45 of 50
46

149. Plaintiff repeats each and every allegation contained in paragraphs 1-146 of this 

complaint of the complaint as if set forth herein.

150. Defendants’ conduct is improper and deceptive and has caused injury to Plaintiff 

and putative class members. The Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”)

alleged herein provides for injunctive and declaratory relief. See Fla. Stat. Ann. § 501.21.

151. The grounds for an injunction prohibiting Defendant manufacturers and retailers 

from employing any currently used or otherwise false and deceptive subject labels and/or selling 

the defective subject product are present herein. The grounds for such an injunction also includes

the fact that Plaintiff and the putative classes have a likelihood of success on the merits; irreparable 

harm will be done to future purchasing consumers of the subject product if the injunction is denied; 

the balance of the equities is in favor of granting the injunction; and Plaintiff and the putative 

classes have been injured by Defendants’ actions and future consumers, including Plaintiff, may

continue to be injured absent the requested injunctive relief. Plaintiff has and intends to continue 

to shop on online, including the Amazon website, and in various pharmacies and outlets that 

continue to sell the subject product, including for purposes of purchasing SAMe dietary 

supplements. Plaintiff, in the course of shopping at such venues which sell the subject product in 

the present or future, will likely, as a reasonable consumer acting reasonably under the 

circumstances, be subject to the knowing or unknowing purchase of the defective and false and 

deceptively labeled subject product sold under one of numerous private labels which do not display 

on their label or disclose to consumers the identity of their SAMe manufacturer. Even if Plaintiff

were to consciously avoid the respective private labels of their past subject product purchases, 

because of the existence of the numerous private labels selling the subject product in the market, 

Plaintiff faces a real and immediate threat of recurrent deception and consequent injury in her

future purchases of SAMe. Defendants have also refused to act on grounds that apply generally to 

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 46 of 50
47

the classes or have acted in a manner that applies generally to the classes and would continue a 

practice which is consumer oriented and in violation of the law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, individually and on behalf of all others similarly situated, pray 

for a judgment against Defendants as follows:

A. For an order certifying the Classes, appointing Plaintiff as a representative of the 

Classes, and appointing the law firms representing Plaintiff as counsel for the Classes;

B. For compensatory damages, including actual damages, sustained by Plaintiff and 

the classes, or, alternatively, statutory damages and civil penalties as prescribed by the relevant 

statutes;

C. For compensatory damages and/or restitution or refund of all funds acquired by 

Defendants from Plaintiff and the classes, and the general public as a result of Defendants’ 

unlawful, unjust, unfair, deceptive and unconscionable practices described herein;

D. For punitive and all other damages available to the Classes;

E. For payment of costs of suit herein incurred;

F. For both pre-and post-judgment interest on any amounts awarded;

G. For payment of reasonable attorneys’ fees and expert fees; 

H. For injunctive relief as set forth herein;

I. For equitable relief as the Court may deem proper; and

J. For such other and further relief as the Court may deem proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all claims so triable.

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 47 of 50
48 

DATED: August 3, 2020. 

By: /s/ Barbara Perez

Tod Aronovitz (FBN 186430) 

Barbara Perez (FBN 989304) 

ARONOVITZ LAW

Town Center One, Suite 2201 

8950 SW 74 Court 

Miami, FL 33156 

Tel: 305-372-2772 

Fax: 305-397-1886 

ta@aronovitzlaw.com

bp@aronovitzlaw.com

Jay I. Brody (Admitted Pro Hac Vice) 

Gary S. Graifman (Admitted Pro Hac Vice) 

KANTROWITZ, GOLDHAMER & 

GRAIFMAN, P.C.

747 Chestnut Ridge Road 

Chestnut Ridge, New York 10977 

Tel: 845-356-2570 

ggraifman@kgglaw.com 

jbrody@kgglaw.com

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 48 of 50
49

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 3, 2020, I electronically filed the foregoing 

document with the Clerk of the Court using the CM/ECF system. I also certify that the foregoing 

document is being served on all counsel of record on the attached Service List via transmission of 

Notices of Electronic Filing generated by CM/ECF.

By: /s/ Barbara Perez

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 49 of 50
50

SERVICE LIST

Ginsberg vs. AZORIO, LLC, et al.

Case No.: 1:20-cv-22329-CMA

Attorneys for PLAINTIFF:

Tod Aronovitz (FBN 186430)

Barbara Perez (FBN 989304)

ARONOVITZ LAW

Town Center One, Suite 2201

8950 SW 74 Court

Miami, FL 33156

Tel: 305-372-2772

Fax: 305-397-1886

ta@aronovitzlaw.com

bp@aronovitzlaw.com

Jay I. Brody (Admitted Pro Hac Vice)

Gary S. Graifman (Admitted Pro Hac Vice)

KANTROWITZ, GOLDHAMER & 

GRAIFMAN, P.C.

747 Chestnut Ridge Road

Chestnut Ridge, New York 10977

Tel: 845-356-2570

ggraifman@kgglaw.com

jbrody@kgglaw.com

Attorneys for DEFENDANT

AZORIO, LLC:

Nathan Soowal (FBN 1002633)

NATHAN SOOWAL, P.A.

3140 NE 9th Avenue

Pompano Beach, FL 33064

Tel: 954-531-4851

Nathansoowallaw@gmail.com

Case 1:20-cv-22329-CMA Document 25 Entered on FLSD Docket 08/03/2020 Page 50 of 50