B.C. woman sues multi-level marketing company over 'unsafe' weight loss products

A package of Isagenix IsaLean Shake is seen in an image shared by Health Canada in a November 2020 recall notice.

A B.C. woman has filed a lawsuit alleging weight loss products sold by a multi-level marketing company left her with chronic pain, an abnormal heart rhythm and other ill effects.

Kelowna resident Chera Harris's claim centres around more than a dozen meal replacement bars and shakes sold under Isagenix International's IsaLean line, all of which were subject to Health Canada recalls beginning in October 2020 due to "over-fortification of vitamins."

Prior to those recalls, Harris was involved in Isagenix's multi-level marketing operation for years, purchasing products and reselling them for a commission.

She also used IsaLean meal replacements personally, according to her lawsuit, which caused her to experience "a significant decrease in her overall health as a result of a chronic overdose of vitamins and minerals."

On top of the physical ailments listed in her claim, Harris said she suffered anxiety, depression and sleeplessness.

One Health Canada recall for 24 Isagenix products dated November 2020 cites "reported illnesses" associated with the items, but does not provide any further details. Harris’s lawsuit also acknowledges the company has re-released the products since the recalls with “safe levels of vitamins and minerals.”

Her claim accuses the defendants – Isagenix International LLC and Isagenix Canada ULC – of negligence in the design, manufacturing, distribution and marketing of the meal replacements.

"Resellers and consumers are entirely reliant on the defendants to ensure the quality of the defendants' products," the claim reads.

"The extent of the unsafe levels of vitamins and minerals in the products was not known and could not have been known by the plaintiff."

Isagenix has not filed a statement of defence in the case, but asked B.C. Supreme Court for a stay of proceedings, arguing that Harris's contract as a reseller requires any claims to be "settled by confidential arbitration" in Arizona, where the company is headquartered.

Justice Ward Branch refused, in a Feb. 18 decision that has been posted online, finding that Harris was free to advance her lawsuit as a consumer.

"A person may obviously be a supplier in one consumer transaction, but not in another," Branch wrote. "The plaintiff purchased the products for her own personal use, thus bringing her within the ambit of a 'consumer' under the (Business Practices and Consumer Protection Act)."

Harris is seeking unspecified damages, including for pain, suffering and loss of enjoyment of her life.

In a statement to CTV News, Isagenix said it does not believe Harris's "recent alleged health challenges are the result of consuming Isagenix products."

"We believe the lawsuit is frivolous and intend to fully defend against it. Our legal team is currently reviewing the allegations and preparing an appropriate response," the company continued.

Isagenix said it conducts thousands of product tests every year and "stand(s) firmly behind" the safety and effectiveness of its products.

"In a simple procedural matter, a Canadian judge recently ruled that Ms. Harris will not be required to arbitrate her claims in the United States," the company said. "The ruling is common in the early stages of any litigation and has no bearing on the merits of the case."