Business

Herbalife opponent seeks to add plaintiffs to suit

A failed Herbalife salesman who is suing the company for being an alleged pyramid scheme asked a federal judge to add four other former distributors to his suit.

The new motion, filed late Monday in Los Angeles federal court, comes after attorneys for California resident Dana Bostick and the controversial nutritional products company failed to reach a settlement after 50 hours of formal mediation sessions, according to court papers.

Herbalife has “raised issues regarding [Bostick’s] ‘adequacy’ ” to serve as a class representative, the motion said.

The prospective plaintiffs “are from different states; have different experiences and backgrounds in their attempts to succeed as Herbalife distributors and reached different levels within the alleged Herbalife endless chain,” Bostick’s attorneys said in the motion.

They include:

  • Anita Vasko, a homemaker from West Chester, Pa., who claims she lost $12,000 in 2013 on an Herbalife nutrition club after working six or seven days a week to make a go of it.
  • Judy Trotter, a Washington retiree who said she was $10,000 in debt from her Herbalife business before quitting in the fall of 2012.
  • Beverly Molnar of Pennsylvania, who claims she bought leads to try to get her business going and ended up more than $11,000 in debt.
  • Chester Cote of Vermont, who said he tried to sell Herbalife products online in 2009, but couldn’t because prices were depressed by others sellers seeking to unload their products at a deep discount.

A hearing on June 30 will determine if the prospective plaintiffs can be added to the case. The deadline for filing for class certification is Aug. 25.