19.  Since 2001, Costco has distributed, marketed, and sold the Kirkland  Signature™ line of dietary supplements.  These products include: (1) Kirkland  - 7 - Signature™ Extra Strength Glucosamine/Chondroitin Sulfate; and (2) Kirkland  Signature™ Extra Strength Glucosamine HCL and MSM.     20.  The Kirkland Glucosamine products are sold online and in Costco stores  nationwide.  The following are screen shots of the Kirkland Glucosamine products:    21.  Since the Products’ launch, Costco has consistently conveyed the message  to consumers throughout Illinois that the Kirkland Glucosamine products, with their  “extra strength” formulas are clinically proven to deliver “optimum mobility” and will  protect and build cartilage. Defendant’s renewal and rejuvenation representations are  false, misleading and deceptive.   22.  Defendant represents that the claimed health benefits are achieved through  the combination of ingredients in the Products.  The primary active ingredient in both  Kirkland Glucosamine products is glucosamine hydrochloride.  Glucosamine is an  amino sugar that the body produces and distributes in cartilage and other connective  tissue.  The Products’ labeling and packaging states the benefits associated with taking  glucosamine hydrochloride:  “Glucosamine is a basic building block for cartilage,  synovial fluid and other connective tissues, which are needed for healthy structure and  function of joints.”  There is no competent and reliable scientific evidence that taking  glucosamine―let alone through oral administration―results in the body metabolizing it  - 8 - into something that builds cartilage or improves joint structure or function. In fact,  clinical cause and effect studies have found no causative link between glucosamine  hydrochloride supplementation and joint renewal or rejuvenation or the relief of the two  major symptoms of arthritis.   23.  The chondroitin sulfate in Kirkland Glucosamine Chondroitin, is a  complex carbohydrate found in the body’s connective tissues.  On the Product’s labeling  and packaging, Defendant represents that chondroitin sulfate “protects existing cartilage  and serves as a building block for healthy new cartilage.”  There is no competent and  reliable scientific evidence that taking chondroitin―let alone through oral  administration―results in the body metabolizing it into something that assists in  building joint cartilage. Clinical cause and effect studies have found no causative link  between chondroitin supplementation and joint renewal or rejuvenation or the relief of  the two major symptoms of arthritis.   24.  The Methylsulfonylmethane (“MSM”) found in Kirkland Glucosamine and  MSM products is an organic sulfur compound found in fruits, corn, tomatoes, tea, coffee,  and milk.  On the Product’s labeling and packaging, Defendant claims that MSM “is a  necessary component that works in conjunction with Glucosamine to provide the  building blocks of collagen, an important component of healthy joints and connective  tissue.  Clinical research shows MSM increases glucosamine’s effectiveness.”    There is  no competent and reliable scientific evidence that taking MSM―let alone through oral  administration―results in the body metabolizing it into something that builds cartilage  or improves joint structure or function, or makes glucosamine work more effectively.   Clinical cause and effect studies have found no causative link between MSM  supplementation and joint renewal or rejuvenation or the relief of the two major  symptoms of arthritis.   25.  In fact, numerous clinical cause and effect studies have found no causative  link between any of the primary active ingredients in the Kirkland Glucosamine products  - 9 - alone, or in combination, and joint renewal and rejuvenation.  Nevertheless, Defendant  without any scientifically valid confirmation that Kirkland Glucosamine is an effective  joint treatmentt—let alone an effective treatment for all joints in the human body, for  adults of all ages—prominently claims on the Products’ packaging and labeling that  Kirkland Glucosamine, with its “extra strength” formula,  will “deliver” “optimum joint  mobility”, rebuild cartilage and improve joint function.  Front and side shots of the two  Kirkland Glucosamine product labels appear as follows  34.  Plaintiff brings this action on behalf of himself and all other similarly  situated Class members pursuant to Rule 23(a), (b)(2), and (b)(3) of the Federal Rules of  Civil Procedure and seeks certification of the following Class:   Multi-State Class Action  All persons who, within the applicable statute of limitations  under their respective state’s consumer fraud act,5 purchased  Kirkland Signature™ Extra Strength Glucosamine Chondroitin  Sulfate and/or Kirkland Signature™ Extra Strength Glucosamine  with MSM.  Excluded from the Class are Defendant, its parents,  subsidiaries, affiliates, officers and directors, and those who  purchased the Kirkland Glucosamine products for the purpose  of resale.      35.  In the alternative, Plaintiff  brings this action on behalf of himself and all  other similarly situated Illinois residents pursuant to Rule 23(a), (b)(2), and (b)(3) of the  5 See footnote 3 for the preliminary listing of said states.   - 13 - Federal Rules of Civil Procedure and seeks certification of the following Class:   Illinois Class Action  All Illinois residents who, within the applicable statute of  limitations, purchased Kirkland Signature™ Extra Strength  Glucosamine Chondroitin Sulfate and/or Kirkland Signature™  Extra Strength Glucosamine with MSM.  Excluded from the Class are Defendant, its parents,  subsidiaries, affiliates, officers and directors, and those who  purchased the Kirkland Glucosamine products for the purpose  of resale.     36.  Members of the Class are so numerous and geographically dispersed that  joinder of all Class members is impracticable.  Plaintiff is informed and believes, and on  that basis alleges, that the proposed Class contains many thousands of members.  The  precise number of Class members is unknown to Plaintiff.     37.  Common questions of law and fact exist as to all members of the Class and  predominate over questions affecting only individual Class members.  The common  legal and factual questions include, but are not limited to, the following:  •  Whether the representations discussed herein that Defendant made  about its Products were or are misleading, or reasonably likely to deceive;   •  Whether Plaintiff and the Class members were deceived in some  manner by Defendant’s representations;  •  Whether the alleged conduct constitutes violations of the laws  asserted herein;  •  Whether Plaintiff and Class members have been injured and the  proper measure of their losses as a result of those injuries; and  •  Whether Plaintiff and Class members are entitled to an award of  compensatory/actual damages.   38.  The claims asserted by Plaintiff in this action are typical of the claims of  - 14 - the members of the Class, as the claims arise from the same course of conduct by  Defendant and the relief sought is common.  Plaintiff and Class members suffered injury  and damages caused by their purchase of the Kirkland Glucosamine products marketed,  distributed and sold by Defendant.   39.  Plaintiff will fairly and adequately represent and protect the interests of the  members of the Class.  Plaintiff has retained counsel competent and experienced in both  consumer protection and class litigation.   40.  A class action is superior to other available methods for the fair and  efficient adjudication of this controversy.  The expense and burden of individual  litigation would make it impracticable or impossible for proposed Class members to  prosecute their claims individually.  It would thus be virtually impossible for the  members of the Class, on an individual basis, to obtain effective redress for the wrongs  done to them.  Furthermore, even if Class members could afford such individualized  litigation, the court system could not.  Individualized litigation would create the danger  of inconsistent or contradictory judgments arising from the same set of facts.   Individualized litigation would also increase the delay and expense to all parties and the  court system from the issues raised by this action.  By contrast, the class action device  provides the benefits of adjudication of these issues in a single proceeding, economies of  scale, and comprehensive supervision by a single court, and presents no unusual  management difficulties under the circumstances here.   41.  In the alternative, the Class also may be certified because Defendant has  acted or refused to act on grounds generally applicable to the Class thereby making  appropriate final declaratory and/or injunctive relief with respect to the members of the  Class as a whole.   42.   Plaintiff seeks preliminary and permanent injunctive and equitable relief  on behalf of the entire Class, on grounds generally applicable to the entire Class, to  enjoin and prevent Defendant from engaging in the acts described, and requiring  - 15 - Defendant to provide full restitution to Plaintiff and Class members.  Unless a Class is  certified, Defendant will retain monies received as a result of their conduct that were  taken from Plaintiff and Class members. Unless a Class-wide injunction is issued,  Defendant will continue to commit the violations alleged, and the members of the Class  and the general public will continue to be misled.   43.  Plaintiff re-alleges and incorporates by reference the allegations contained  in the paragraphs above as if fully set forth herein.   44.  In Illinois, the “Consumer Fraud and Deceptive Business Practices Act”  815 Ill. Comp. Stat. 502/1, et seq. (“the Act”), like the consumer fraud acts of numerous  other states across the nation, prohibits deceptive acts and practices in the sale of such  products as Defendant’s Kirkland Glucosamine products.   45.  Plaintiff and the Class were injured by Defendant’s deceptive  misrepresentations, concealments and omissions and these misrepresentations,  concealments and omissions were material and deceived Plaintiff and the Class.  49  Defendant does business in Illinois, sells and distributes its Kirkland  Glucosamine products in Illinois, and engaged in deceptive acts and practices in  connection with the sale of its Kirkland Glucosamine products in Illinois and elsewhere  in the United States.   50.  Defendant’s Products purchased by Plaintiff and the Class were “consumer  items” as that term is defined under the Act.   51.  Defendant misrepresented and deceptively concealed, suppressed and/or  omitted the material information known to Defendant as set forth above concerning its  Kirkland Glucosamine products which has caused damage and injury to Plaintiff and the  Class.  - 16 -  52.  Defendant’s deceptive acts occurred in a course of conduct involving trade  and commerce in Illinois and throughout the United States.    53.  Defendant’s deceptive acts proximately caused actual injury and damage to  Plaintiff and the Class.   54.  Defendant intended Plaintiff and all Class members to rely on their  deceptive acts.   55.  The conduct of the Defendant constituted a consumer fraud under the  Illinois Consumer Fraud Act and similar laws in other states.  WHEREFORE, Plaintiff and the Class pray as follows:  a.  That the Court enter an order  certifying this action as a class action―either as  a multi-state class or, in the alternative, as an Illinois class;  b. That the Court enter an Order  against Defendant awarding to Plaintiff and the  Class compensatory/actual damages;  c. Awarding declaratory and injunctive relief as permitted by law or equity,  including enjoining Defendant from continuing the unlawful practices as set  forth herein;  d. Attorneys’ fees, expert fees and costs; and  e. Such other and further relief as the Court deems just and proper.  DATED:    October 28, 2011  By:   s/Stewart Weltman  The Kirkland Glucosamine Products   Violation of the Illinois Consumer Fraud Act  