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Power Balance Class Action lawsuit

January 5th, 2011

Download pdf of class action lawsuit against Power Balance
Power Balance Bracelet LawsuitThe Power Balance® products class action lawsuit is related to how the company marketed their wristbands, bracelets, pendants, and the other mylar hologram products they sold by purposefully misleading the public and falsely advertising and marketing regarding close proximity body placement equals body enhancement benefits.

Some of the Power Balance bracelet claims have been when worn close to the body the user may experience physiological benefits including but not limited to increased strength, balance, flexibility, and other claims made by those selling these retail.

I have heard claims of better grades in school by wearing these ridiculous things. The reality outside of the realm of magic and fairy dust is that the bracelet offers 100 % no physiological benefits whatsoever. GOT IT! GOOD!

Power Balance Bracelet Scam

Batungbacal vs. Power Balance LLC et al., Case No. SACV-11-18 CJC
Unites States District Court – Central District of California, Southern Division.
Judge Cormac J. Carney

ABOUT THE LAW FIRMS:
The Power Balance class action lawsuit is being brought by two premier Southern California Plaintiff Law Firms:

Panish Shea & Boyle LLP

www.psandb.com
1-877-800-1700

The X-Law Group PC

www.xlawx.com
1-888-55-XLAWX

ABOUT THE PRODUCT:
Power Balance has distributed in commerce, among other things, the Power Balance Bracelets, Power Balance Wristbands, Power Balance Pendants, Power Balance necklaces and other Power Balance Jewelry. (“Power Balance Accessories”). The Power Balance Accessories are sold with one unifying notice, that they contain one or more “Mylar Holograms” which are worn sitting close to the body. Since beginning to sell and distribute the Power Balance Accessories, Power Balance made the same, consistent and repeated representations on their websites, on packaging, in store displays, at live exhibitions, through paid testimonials, through press releases and in other forms of marketing and advertising, representing that the “Mylar Holograms” contained in every Power Balance Accessory maintained properties they didn’t as well as gave users and/or consumers that wore a Power Balance Accessory physiological benefits they couldn’t.

The plaintiff in this case is Andre Batungbacal and is individually and on behalf of others complaining and alleging several things in the class action. The defendants are Power Balance LLC, Josh Rodarmel, Troy Rodarmel, and Keith Kato. They are accused of deceptive and misleading conduct in marketing advertising, selling, promoting and distributing products by them manufctured, sold and/or distributed.

In the lawsuit they are collectively referred to as Power Balance Accessories. The defendants began selling these bracelets in 2007. Each bracelet or product is sold with one unifying notice and that is that they contain one or more “Mylar Holograms” which should be worn sitting close to the body.

Some of the supposed benefits claimed but yet could not be delivered by the Power Balance bracelet are:

  • “Power Balance holograms are embedded with frequencies that react positively with your body’s natural energy field to improve balance, strength and flexibility;
  • “Power Balance holograms are designed to work with your body’s natural energy field;
  • Power Balance is Performance Technology;
  • Power Balance products boost the body’s self defense mechanisms creating the immediate benefits of strength, balance and flexibility gain;
  • When the hologram comes into contact with your body it gives you that added balance, stregth, flexibility;
  • Use of the Power Balance results in lots of endurance and stamina”

By the use of these claims the defendants were able to sell over 3 million units in less than 3 years. Since Australia was able to get Power Balance to admit to fraud this became an easy lawsuit to bring up in US courts because the CEO set a precedent by admitting to fraud in Australia.

The ads in the US were identical to the ones in Australia so Power Balance has no chance in hell of winning this case.

Power Balance is about to go down and I suspect that C Prime, EFX, Chi Aura, QRay, IRenew and a dozen other balance bracelet brands are going to be hit with similar lawsuits.

Choosing A Nursing Home in Tyler

February 27th, 2010

[ad#Wall and Madison]

Tyler Texas Elderly Care

Assisted Living Tyler

I never imagined I’d ever need to deal with the difficult decision of whether or not to place one I love in a nursing home, let alone have to consider which facility. When my own father took a turn for the worse during his battle with Parkinson’s, he ended up with a 6-week hospital stay. At one point, it was unclear how much strength he would regain even with intensive occupational therapy. My mom broached the topic, and it shook me to consider that he might not be able to return home, that he might need more care than we could give him. Once my mind stopped reeling, I realized I had no idea how to go about choosing a medical care facility for my father.

If you are feeling overwhelmed and unsure of how to begin to decide where to place your own loved one, be assured; there are lots of guides and resources there to help you. Every state has an Ombudsman program connected to the Department on Aging that offers patient advocacy and information on choosing a nursing home.

Here are some helpful tips to help guide you through this difficult decision process. Take careful notes as you visit or collect information online about each nursing home. Keeping record of your findings will help you tremendously as you weigh the options.

First, consider whether your loved one needs short term or long term care. This information could greatly impact your decision. Second, make a side-by-side comparison of each facility based on the same criterion. Three general areas to consider when choosing the most suitable facility are location, quality of care, and affordability.

Location

Keeping close proximity to family members is perhaps the most important consideration. Choosing a Tyler nursing home close to home means frequent visits will be much more doable. These visits can positively affect the patient’s quality of life, outlook on their current situation, and go a long way to reducing stress, depression, and frustration. All of these factors contribute to potentially faster recovery, improved health, or even extention of life.

Quality of care

This is obviously an important consideration. We’ve all heard of or seen examples of poor care and I know of an elder care facility in Tyler Texas that has several negative reports from government inspectors. Inadequate qualified professional staff, staff shortages, old equipment or facilities, and lack of concern for dignity or patient preferences have a huge negative impact on the quality of care a nursing home can offer.

The good news? Other than making a visit to obtain a first hand glimpse of a Tyler nursing home, there are outside agencies who gather quality control reports on each nursing home in your area. The Texas Department of Aging and Disability Services provides reports on nursing home facilities and their Ombudsman Program provides advocacy and further support. There are also government-mandated quality assurance checks on all nursing homes who accept Medicaid or Medicare patients. These reports are made available at www.dads.state.tx.us/news_info/ombudsman/choosing.html.

Carefully review each location’s quality reports, health and safety inspections. Note any violations as well as what has been done to improve care. For example, if there was a lack of qualified staff working, have more staff been scheduled or hired? Centers for Medicare & Medicaid Services puts out annual reports on nursing homes who have received a citation for actual harm or immediate jeopardy on this website: MemberoftheFamily.net

Affordability

When it comes to choosing a Tyler Texas home for someone you love, no one wants to base their decision on affordability, but because of the incredible expense involved, this unfortunately has to be a consideration. Temporary or short term care, sometimes required for a few weeks after surgery or for accident recovery, is often covered by insurance. Long term care (100 or more days) is usually not covered. Be sure to ask each facility about financial assistance or payment plans.

Going into this decision making process as fully armed as possible can only help you. Visit facilities personally, make careful observations, gather all the information you can, and take complete notes. Find a friend or an advocate to help you in your search for the nursing home you feel satisfied will best suit you and your loved one.