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
August 27th, 2019
August 2019: The case was transferred to the Southern District of New York. (Case No. 17-cv-1091, E. D. NY.) February 2017: A class-action lawsuit was filed against Quincy Bioscience for allegedly deceptively marketing Prevagen dietary supplements as clinically shown to improve memory and provide other cognitive benefits when such claims are false. (Karathanos et al
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
June 19th, 2019
April 2019: A federal judge granted preliminary approval of a settlement agreement that would resolve the claims against Naturex. According to the settlement terms, class members who have proof of purchase may receive $30 for each product purchased (but the maximum award for class members who do not have proof of purchase is $60 per
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
March 13th, 2019
October 2017: This action was voluntarily dismissed , the reasons for which have not been disclosed. September 2017: A federal judge dismissed some of the claims but allowed others to move forward. October 2016: Plaintiffs filed an amended complaint that brings similar allegations. July 2016: A class-action lawsuit was filed against NBTY, Inc. for allegedly
March 13th, 2019
June 2018: This case was voluntarily dismissed after the parties reported that the case was settled. The terms of the agreement were not disclosed. October 2017: A federal judge dismissed some of the claims but allowed others to move forward. April 2017: Plaintiff filed an amended complaint making similar allegations. May 2016: A class-action lawsuit
January 25th, 2019
Summer 2017: A judge granted final approval of the settlement. May 2017: The plaintiffs filed an amended complaint alleging that Iovate falsely markets Hydroxycut brand weight-loss products as “[s]cientifically [r]esearched” and “[c]linically-[p]roven” to promote weight loss when, according to plaintiffs, the key ingredients do not promote weight loss. The parties also revised their settlement agreement
January 24th, 2019
May 2015: This lawsuit was dismissed for lack of subject-matter jurisdiction. March 2015: A class-action lawsuit was filed against CVS Pharmacy and Lang Pharma Nutrition for allegedly falsely advertising CVS Enhanced Absorption Formula CoQ-10 dietary supplements as having enhanced absorption and supporting heart health when, according to the complaint, the supplements do not provide the
November 19th, 2018
November 2018: This lawsuit was transferred to a Pennsylvania court. (Case No. 18-cv-2135, M. D. PA.) February 2018: A class-action lawsuit was filed against Rite Aid for allegedly misleadingly stating the amount of certain ingredients in one serving of its brand of nutritional supplements – including glucosamine/chondroitin, lycopene, cranberry, calcium, and Echinacea/goldenseal – without adequately
October 19th, 2018
May 2018: A state court judge preliminarily approved a settlement agreement. According to its terms, class members may receive a cash award ranging from $1.99 to $14.52, the exact amount depending on several factors, including where they purchased the product. In addition, the companies agreed to ensure that marketing claims are properly substantiated and to
September 10th, 2018
In August 2018, a class-action lawsuit was filed against Walgreen Co. for allegedly falsely marketing Finest Nutrition glucosamine sulfate dietary supplements as containing 1000mg of glucosamine sulfate when, according to the complaint, the supplements do not contain any glucosamine sulfate and instead contain glucosamine hydrochloride. (Jackson-Mau et al v. Walgreen Co., Case No. 18-cv-4868, E.
August 8th, 2018
In July 2018, a class-action lawsuit was filed against Nutrabio Labs for allegedly misleadingly marketing its glutamine dietary supplements – including Glutamine, Glutamine AKG, Extreme Nitric Stack, CGT-Max Powder, and Reload V5 – as “Support[ing] Muscle Growth” and “Speed[ing] Muscle Recovery” when, according to the complaint, scientific studies have shown that glutamine supplements do not
July 9th, 2018
February 2018: A federal judge granted final approval of this settlement agreement. February 2017: A federal judge preliminarily approved a settlement of this action. According to the settlement terms, class members may receive $6 for each product purchased. Class members with proof of purchase may receive a refund for a maximum of 25 products while
May 15th, 2018
In May 2018, a class-action lawsuit was filed against SanMedica International for allegedly falsely advertising the Human Growth Hormone (HGH) supplement SeroVital-hgh. Specifically, plaintiffs claim that SanMedica falsely markets the supplement as able to increase HGH levels by 682% when, according to the complaint, it does increase HGH levels at all. In addition, the complaint