Supplement Mislabeling lawsuits are on the rise. Due to growing evidence that their dietary and herbal supplements like gingko, ginseng, and Echinacea were not properly labeled, the New York State Attorney General’s office issued cease-and-desist letters requiring GNC, Target, Walgreens, and Wal-Mart to stop selling certain products.
An investigation by the state found that independent testing of some supplements do not contain the ingredients on the labels.
Some supplements even contain allergens off the ingredients list like wheat and beans. According to the complaint, only about 20 percent of dietary and herbal supplements sold in tested products contained the medicinal herbs listed on the products.
Many of the supplements tested contained fillers like powdered rice, powdered legumes, mustard, radish, peas, and wild carrots, asparagus and houseplants, according to the New York Times article. Herbal supplements were tested from the following outlets:
- GNC—Herbal Plus supplements
- Target—Up & Up supplements
- Walgreens—Finest Nutrition supplements
- Wal-Mart—Spring Valley supplements
Consumer Protection & Supplement Mislabeling Lawsuits
Americans spend billions each year on dietary and herbal supplements and much of it may be completely wasted. Walgreens and Target agreed to remove some supplements from their shelves after pressure from product liability lawyers and class action herbal supplement mislabeling lawsuits gaining traction.
A large issue hovering over dietary supplement litigation is the lack of federal oversight. The current regulatory system does not ensure that herbal supplements are safe for consumers, and the FDA does not require approval before supplements are released.
Rather, manufacturers and retailers are responsible for determining the safety of dietary supplements they produce and distribute. This has led to false advertising and bogus products in many cases.
Walmart is recently the target of a class-action lawsuit claiming that their glucosamine sulfate dietary supplement tablets are mislabeled. Plaintiffs argue the product contains a mixture of glucosamine hydrochloride and potassium sulfate.
The argument states Walmart intentionally used the inferior ingredients to save on costs. The false supplement advertising class action lawsuit claims Walmart intentionally misrepresented and mislabeled the supplement. Attorneys seek damages based on consumer protection laws.
In a recent string of lawsuits, Prevagen has been targeted for misleading consumers. Attorneys have filed lawsuits saying the company has relied on little evidence to make claims that their product benefits consumers.
Joe Lyon is an experienced consumer protection attorney and product liability lawyer reviewing supplement mislabeling lawsuits for plaintiffs nationwide.
Protein Powders Mislabeled
Several class action supplement mislabeling lawsuits accuse companies of selling workout supplements full of cheap fillers and little protein. Protein sports supplements are a $7 billion industry, and many of the products are unregulated.
CVS Health, Giant Sports, 4 Dimension Nutrition, NBTY, Inner Armour and MusclePharm and other protein powder producers are under fire after evidence surfaced that the companies are allegedly misrepresenting the contents of their product.
Some third-party tests noted in the lawsuits show companies fill protein powder tubs with cheaper free form amino acids like glycine, taurine, leucine, isoleucine, valine and betaine in lieu of protein. Plaintiffs call the marketing practices false, fraudulent, unfair, deceptive and misleading.
Class Action CBD Lawsuits
Class action lawsuits have been filed against CBD supplement companies for allegedly engaging in deceptive marketing campaigns. Plaintiffs say some CBD companies have failed to properly test their products, have mislabeled CBD oils, downplayed the risks of their product, and highly overhyped the health benefits of CBD supplements without providing any evidence of long-term health benefits.