July 10th, 2020
In June 2020, a class-action lawsuit was filed against NatureWise and HeartWise Wonder for allegedly misleadingly marketing NatureWise Curcumin dietary supplement as containing 2250 mg of curcumin per capsule when, according to plaintiffs, each capsule contains only 750 mg of curcumin. (Valentine et al v. HeartWise Inc. d/b/a NatureWise and HeartWise Wonder Inc., Case No.
June 30th, 2020
June 2020: Plaintiffs moved for preliminary approval of a settlement agreement that provides class members with a 30 percent cash refund of the company’s suggested retail price for Prevagen products. Class members with proof of purchase may receive a maximum award of $70 while class members without proof of purchase may receive a maximum award
June 24th, 2020
In June 2020, a class-action lawsuit was filed against GlaxoSmithKline Consumer Healthcare for allegedly falsely advertising that Benefiber Original Fiber Supplement and Benefiber Healthy Shape Fiber Supplement are “100% Natural” when, according to plaintiffs, the supplements undergo a chemical process and contain non-natural, synthetic ingredients. (White et al v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC,
June 2nd, 2020
In May 2020, a class-action lawsuit was filed against Windmill Health Products for allegedly falsely marketing Country Farms Farm Fresh Nutrition supplements – including Mighty Mushrooms, Bountiful Beets Drink Mix, Bountiful Beets capsules, Super Fruit & Veggies, and Sprouts & Seeds – as “Natural” when, according to plaintiffs, the supplements contain synthetic ingredients. (Gatling et
June 2nd, 2020
May 2020: This case was transferred from state court to federal court. (Case No. 20-cv-559, W.D. Tex.) September 2019: A class-action lawsuit was filed against Nutrabolt for allegedly deceptively marketing Scivation Xtend BCAA dietary supplements as supporting muscle growth, recovery, and repair when, according to the complaint, scientific evidence shows that the supplements are not
March 10th, 2020
February 2020: The claims against Entertainment Media Ventures were voluntarily dismissed for undisclosed reasons. October 2019: A federal judge granted final approval of the settlement agreement resolving the claims against Naturex. April 2019: A federal judge granted preliminary approval of a settlement agreement that would resolve the claims against Naturex. According to the settlement terms,
February 5th, 2020
Search engine also removes slider of “sponsored” products in response to TINA.org inquiry.
January 16th, 2020
The largest retailer in the world isn’t just turning a blind eye to the deceptive marketing of these products.
January 16th, 2020
Between June 2019 and December 2019, TINA.org searched Amazon.com for “brain supplements” and collected more than 100 examples of search results and product pages in which the product had one or more of the following Amazon designations: Amazon Prime, Fulfilled by Amazon, Sponsored, Ships from and sold by Amazon.com, Editorial recommendation, Best Seller or Amazon’s
January 16th, 2020
TINA.org’s investigation of deceptive brain supplement marketing on Amazon by the numbers.
January 16th, 2020
November 2019: The Eleventh Circuit Court of Appeals concluded that the plaintiffs adequately alleged injury in their complaint and that the district court erred in finding that the plaintiffs did not have standing. The dismissal was vacated and the case was remanded for further proceedings. April 2018: The plaintiffs filed a Notice of Appeal regarding
November 21st, 2019
In November 2019, a class-action lawsuit was filed against Hi-Tech Pharmaceuticals for allegedly failing to disclose that supplements – including Ultimate Orange, HydroxyElite, Lipodrene Elite, Synadrene, and Jack’d Up – contain an allegedly dangerous and illegal ingredient, DMHA. (Ottesen et al v. Hi-Tech Pharmaceuticals, Inc., Case No. 19-cv-7271, N. D. CA.)
October 17th, 2019
June 2019: The named plaintiff filed a Notice of Appeal regarding the dismissal order. (Case No. 19-55671, 9th Cir.) May 2019: A federal judge dismissed this case finding that the claims were preempted by federal law. February 2019: A class-action lawsuit was filed against CVS Health for allegedly falsely advertising that CVS Health Glucosamine Joint
October 11th, 2019
August 2019: A federal judge granted summary judgment in favor of Target concluding that the plaintiffs’ claims are preempted by federal law. Later in August, the named plaintiff filed a Notice of Appeal regarding the summary judgment order. (Case No. 19-16699, 9th Cir.) June 2018: Plaintiffs filed an amended complaint bringing similar allegations. April 2017:
October 1st, 2019
In September 2019, a class-action lawsuit was filed against Muscletech for allegedly falsely marketing that its Platinum 100% BCAA 8:1:1 dietary supplements will promote muscle protein synthesis, ensure muscles are primed for muscle-building, and provide key building blocks of muscles when, according to plaintiffs, scientific research shows that the dietary supplements do not work as
July 25th, 2019
In June 2019, a class-action lawsuit was filed against BPI Sports for allegedly falsely advertising that its Best BCAA dietary supplement will increase protein synthesis to build “lean muscle” when, according to plaintiffs, the supplement decreases muscle protein synthesis and is not capable of increasing muscle mass. (Maroney et al v BPI Sports, LLC, Case
July 16th, 2019
In May 2019, a class-action lawsuit was filed against GNC for allegedly misleadingly marketing that its dietary supplements – including Men’s Prostate Formula, Diabetic Support, Preventive Nutrition Healthy Blood Pressure Formula, Women’s Ultra Mega Active Supplement, and Mega Men Healthy Testosterone – prevent, cure, and treat various diseases and health conditions without proper FDA approval
July 8th, 2019
In June 2019, a class-action lawsuit was filed against Vitamins Because and CT Health for allegedly misrepresenting that S-adenosylmethionine (SAM-e) dietary supplements contain a specific amount of SAM-e when, according to plaintiffs, the supplements contain only approximately 12% to 18% of the advertised amount of the ingredient. (Ginsberg et al v. Vitamins Because LLC, CT
May 23rd, 2019
Comment made by TINA.org executive director, Bonnie Patten at the FDA’s public meeting on Responsible Innovation in Dietary Supplements held on May 16, 2019. Thank you for the opportunity to provide comments today on behalf of Truth in Advertising. TINA.org is a nonprofit consumer advocacy organization that works to out, stop and prevent deceptive marketing.
May 13th, 2019
April 2019: This case was transferred from state court to federal court. (Case No. 19-cv-1984, N. D. CA.) March 2019: A class-action lawsuit was filed against General Nutrition Corp. (GNC) for allegedly claiming – without FDA approval – that certain dietary supplements treat, cure, prevent, and mitigate hypercholesterolemia, coronary heart disease, and osteoporosis. The complaint