Plaintiff alleges dietary supplement company misled consumers about product safety

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A class action lawsuit has been filed against a dietary supplement manufacturer following a nationwide recall due to potential Salmonella contamination. On February 2, 2026, Charlyn Adkins filed the complaint in the United States District Court for the Southern District of New York against Superfoods, Inc., doing business as Live It Up.

The case revolves around allegations that Superfoods misrepresented its products as containing “the highest quality ingredients” and being manufactured with “good practices,” despite recalling several products on January 15, 2026, due to possible Salmonella contamination. The recall affected multiple lots of their Live it Up Super Greens product line, including both Original and Wild Berry flavors. The U.S. Food and Drug Administration (FDA) reported 45 illnesses and 12 hospitalizations linked to these products. Adkins claims she suffered severe stomach cramps consistent with Salmonella poisoning after consuming the recalled product and incurred significant medical expenses.

Adkins accuses Superfoods of negligence, negligent misrepresentation, breach of express and implied warranties, fraudulent concealment, violation of state consumer protection acts, strict product liability, and unjust enrichment. She argues that had consumers known about the potential contamination or lack of adequate testing by Superfoods, they would not have purchased the products. The lawsuit seeks compensatory damages exceeding $5 million for affected consumers nationwide.

Representing Adkins are attorneys Jason P. Sultzer from Sultzer & Lipari PLLC; Jeffrey S. Goldenberg from Goldenberg Schneider LPA; Charles E. Schaffer from Levin Sedran & Berman LLP; and Joseph M. Lyon from The Lyon Firm. The case is presided over under Case ID 1:26-cv-00860.

Source: 126cv00860_Charlyn_Adkins_v_Superfoods_Complaint_Southern_District_of_New_York.pdf


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