Relaxium Sleep Aid Falsely Advertised with ‘Illusory’ Science, Class Action Alleges [DISCONTINUED]
Last Updated on February 7, 2024
Lomedico v. American Behavioral Research Institute LLC
Filed: July 18, 2022 ◆§ 7:22-cv-06097
A proposed class action alleges the maker of the Relaxium sleep aid has falsely advertised the product as an “all-natural, clinically proven” supplement.
New York
December 9, 2022 – Relaxium Sleep Supplement Class Action Settled
The proposed class action detailed on this page has been settled and is set to be dismissed by the court.
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American Behavioral Research Institute informed United States District Judge Nelson S. Román in a November 14 letter that “the parties have resolved their dispute in principle, but they are still working on the final terms.” The company noted that a stipulation of dismissal will be filed with the court “in due course.”
On November 15, Judge Román issued an order stating that the claims in the suit have been settled, and the proposed class action is discontinued. No details are available on the terms of the reported settlement.
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A proposed class action alleges the maker of the Relaxium sleep aid has falsely advertised the product as an “all-natural, clinically proven” supplement.
If you've purchased Relaxium Sleep supplements, let us know about it here.
The 28-page lawsuit against the American Behavioral Reserach Institute (ABRI) contends that the purported science behind Relaxium Sleep is “threadbare and illusory,” and that the supplement is “peddled by a self-anointed ‘sleep expert’” with supposedly no discernible experience or background in treating sleep disorders.
The complaint says that although Relaxium Sleep is touted as a unique sleep aid developed by Dr. Eric Ciliberti, a “renowned neurologist” and “founder” of the ABRI, and as the “only sleep solution” that contains Valerest, a proprietary ingredient, this, among other claims, is untrue.
Valerest is, according to the case, “nothing more than an unremarkable blend of valerian root extract and hops.” The suit describes Valerest as “an exceedingly common herbal cocktail found in countless other sleep aid nutraceuticals” whose efficacy has long been considered insignificant in comparison to that of a placebo.
At best, the lawsuit says, the ingredient’s efficacy at treating insomnia and other sleep conditions is inconclusive, meaning the ABRI’s claims about Relaxium amount to “a deliberate falsehood.” More broadly, the defendant’s marketing of Relaxium Sleep comes during a period in which insomnia and other sleep disorders have been exacerbated by the COVID-19 pandemic and an uptick in consumer demand for natural, over-the-counter sleep aids, the case notes.
Importantly, these types of supplements, which are referred to as “nutraceuticals,” are not regulated by the Food and Drug Administration, leaving consumers to navigate the sleep-aid market with little to no guidance aside from “unscrupulously extravagant claims often put forward by the supplement manufacturers themselves,” the case says.
To that end, according to the filing, there has been only one “clinical study” to test the efficacy of Relaxium Sleep. “[U]nsurpisingly,” the case says, this “less than rigorous study” was sponsored by Relaxium itself.
The suit charges that the defendant’s “faux clinical study” was flawed in that it relied upon an unrepresentative sample size and subjective questionnaires. The study also excluded participants with pre-existing neurological conditions, such as anxiety, depression and chronic pain, who are “likely to be the very consumers who would benefit from a truly ‘clinically proven’ supplement,” the case states. Further, the study was hampered by the defendant’s choice to track and interpret participants’ sleep quality with the help of a Fitbit, the complaint adds.
With regard to Dr. Ciliberti, the lawsuit claims that his reported experience as a sleep expert is “belied by his actual education and training as a general ophthalmologist from Florida who has never once published, studied, or practiced in the field of somnology, or sleep medicine.”
“Contrary to the exaggerated claims made on the Relaxium websites,” the lawsuit says, “there is absolutely nothing listed in Dr. Ciliberti’s curriculum vitae supporting his self-aggrandizing designation as a world renowned ‘sleep expert,’ or supporting his treatment of patients for sleep disorders.”
The lawsuit alleges the American Board of Neurology maintains no record of Dr. Ciliberti being board certified, and the Florida State Department of Health, the case claims, has no record of him holding any specialty certification.
“It is therefore clear that, in addition to disseminating a bevy of false affirmative claims designed to deceptively market Relaxium Sleep as a clinically proven sleep-aid supplement, Dr. Ciliberti is actively misrepresenting his own credentials to bolster the unremarkable snake oil he peddles to unsuspecting consumers,” the complaint alleges.
Further, the suit claims that the foregoing is compounded by the fact that the marketing force behind the “Relaxium confidence operation” is Dr. Ciliberti’s wife Timea, for whom there is no indication, the case says, that she holds any medical degree, license or qualifications relevant to developing, testing or distributing unregulated nutraceuticals.
The lawsuit alleges Relaxium buyers have been defrauded into paying for a supplement based on deceptive misrepresentations.
The lawsuit looks to cover all consumers who, within the applicable statute of limitations period, bought in New York Relaxium Sleep supplements warranted as “Clinically Tested, Proven Effective.”
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