June 15th, 2017
In June 2017, a class-action lawsuit was filed against NBTY, Inc., Nature’s Bounty, Inc., and Rexall Sundown, Inc. for allegedly deceptively labeling Nature’s Bounty Ginkgo Biloba and Sundown Naturals Ginkgo Biloba dietary supplements as providing a variety of health benefits – including “Support[ing] Healthy Brain Function and Circulation,” “help[ing] support memory, especially occasional mild memory
June 9th, 2017
June 2017: The parties amended their proposed settlement agreement to address pro rata increases or decreases in product awards; the remainder of the agreement did not change. The same month, a federal judge preliminarily approved the amended settlement agreement. A final fairness hearing is scheduled for December 4, 2017. April 2017: Plaintiffs moved for preliminary
June 8th, 2017
In June 2017, a class-action lawsuit was filed against Natrol for allegedly misrepresenting that Biotin products – including Fast Dissolve and Maximum Strength varieties – will “Promote[] Healthy Hair and Strong Nails” and support energy and energy production when, according to plaintiffs, such claims are not true. According to the complaint, the general population consumes
June 7th, 2017
In June 2017, a class-action lawsuit was filed against Costco for allegedly misleadingly marketing the amount of silymarin (i.e., the main component of milk thistle seeds) in Trunature Milk Thistle and Trunature Liver Health Complex. According to the complaint, the products contain “just a fraction of the advertised amount.” (Sweeney et al v. Costco Wholesale
June 2nd, 2017
In April 2017, a false advertising lawsuit was filed against IQ Formulations alleging that the company fails to disclose that Metabolic Nutrition dietary supplements – specifically, Synedrex and E.S.P. (Energy Stimulant Pre-Workout) – contain an unlawful ingredient, MethylPentane Citrate (more commonly known as DMBA) and the failure to disclose this information violates state and federal
May 30th, 2017
March 2017: A federal judge dismissed claims against Sony finding that the allegations against the company were insufficient. To read the decision and learn more about why some claims are moving forward while others are dismissed, click here. June 2016: An amended complaint, which adds two named plaintiffs and a defendant (EMV) to the lawsuit,
May 15th, 2017
In April 2017, a class-action lawsuit was filed against Target for allegedly deceptively marketing Up & Up biotin supplements as “help[ing] support healthy hair and skin” when the supplements do not provide such benefits. According to the complaint, the supplements are “superfluous and unneeded” because the general population gets more than enough biotin from their
April 28th, 2017
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 class members without proof of purchase may receive refunds for a maximum
April 3rd, 2017
In March 2017, a class-action lawsuit was filed against NBTY, Inc. and Nature’s Bounty, Inc. for allegedly deceptively marketing biotin supplements as “Support[ing[ Healthy Hair, Skin, and Nails” when, in reality, the biotin supplements do not provide any benefits. According to the complaint, the supplements are “unneeded” and “superfluous” because the general population gets enough
April 3rd, 2017
In March 2017, a class-action lawsuit was filed against PhD Fitness for allegedly misleadingly marketing the characteristics and benefits of sports supplements. According to the complaint, the company misleadingly markets Pre-JYM and Post-JYM supplements as being scientifically supported and properly dosed to provide certain benefits – including muscle endurance, strength, growth, and recovery – when
March 27th, 2017
How we can protect ourselves from the $40-50 billion supplement industry amid a shrinking government?
March 16th, 2017
In 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 v. Quincy Bioscience Holding Company, Inc. et al, Case No. 17-cv-1091, E. D. NY.) For more information about
February 24th, 2017
Claims about efficacy of supplements and undisclosed paid endorsers at issue.
February 21st, 2017
A false advertising class-action lawsuit was filed against Core Formulation alleging that its protein supplements – including those sold under the brand names Core Formulations/CF, Core 8, IsoCore, APEX, Biohealth Precisions ISO, and Rogue Nutrition – Rogue Whey – do not contain the represented amount of protein. Specifically, the complaint, which was originally filed in
January 17th, 2017
September 2016: The First Circuit Court of Appeals reversed the district court’s order dismissing the complaint. To read the decision, click here. February 2016: Plaintiffs filed a Notice of Appeal of the District Court’s decision to dismiss. January 2016: A federal judge dismissed the complaint finding that the named plaintiff failed to allege that the
January 10th, 2017
A false advertising class-action lawsuit against Quincy Bioscience was dismissed in June 2016. The complaint, which was originally filed in state court in March 2015 and transferred to federal court in September 2015, alleged that the company advertises the products as “Clinically Tested” to “Improve[] Memory” by 7.5% within 8 days, 10% within 30 days,
January 9th, 2017
Between November 2016 and January 2017, multiple class action lawsuits were filed against Joint Juice for allegedly deceptively marketing its line of glucosamine supplements. Specifically, the complaints allege that the supplements will support and nourish cartilage, lubricate joints, and improve joint comfort when, in reality, scientific studies conclude that the ingredients in the products do
January 6th, 2017
September 2016: This action was dismissed because the parties reached a settlement agreement, the terms of which have not been disclosed. October 2015: A class-action lawsuit was filed against Dynamic Sports Nutrition for allegedly misrepresenting the nature and benefits of its bodybuilding dietary supplements, including Tren 75, Winn50, Test 600x, Clen, Var, and Decca 200.
December 14th, 2016
In November 2016, a false advertising class-action lawsuit was filed against PhD Fitness for allegedly misleadingly advertising the characteristics and benefits of Pre-JYM and Post-JYM sport supplements. According to the complaint, the company markets the supplements as being scientifically supported and dosed properly to provide various benefits – including muscle endurance, muscle growth, strength, post-workout
December 13th, 2016
In November 2016, a federal judge dismissed some of the claims in a false advertising class-action lawsuit filed against NBTY, United States Nutrition, Healthwatchers, and Met-RX Nutrition regarding the marketing of protein supplements, including Body Fortress Super Advanced Whey Protein, Body Fortress Super Advanced Whey Isolate, and Met-Rx MyoSynthesis Whey. The complaint, which was originally