Nature’s Bounty Hit with Ginkgo Biloba False Ad Class Action Lawsuit

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A false advertising class action lawsuit was filed against Nature’s Bounty Inc. in California state court Wednesday, alleging the supplement manufacturer exaggerated the benefits of its ginkgo biloba products when there’s no scientific evidence to suggest the supplements improve brain function.

Plaintiff Alison Wilson filed the Nature’s Bounty class action lawsuit, accusing the company of engaging in unlawful, unfair and deceptive business practices. She alleges she purchased Nature’s Bounty Ginkgo Biloba from a Whole Foods store in 2013. She says she relied on the product’s packaging when choosing to make the purchase, including the claims that the ginkgo biloba supplements “will cause or assist in improved memory and brain functioning.”

According to the ginkgo biloba class action lawsuit, Wilson “did not receive any of the advertised benefits associated with the Products and would not have purchased the Products had she known Defendants’ representations were false.”

Wilson alleges Nature’s Bounty has capitalized on consumers’ growing fear of memory loss associated with aging. She points to a survey conducted by the Marist Institute for Public Opinion which found that Alzheimer’s disease is the most feared disease. Wilson alleges that a number of supplement manufacturers have marketed products as “miracle” memory loss and brain enhancing supplements.

“Not surprisingly, this lucrative market has attracted a variety of hucksters seeking to ‘cash in’ on America’s fear of memory loss by hawking an array of products and services, many promising miraculous results,” the ginkgo biloba class action lawsuit alleges.

According to the Nature’s Bounty class action lawsuit, ginkgo biloba leaf extract was used in traditional Chinese medicine for centuries. Today, the extract is marketed as a dietary supplement, and as such, it does not have to be subjected to the U.S. Food and Drug Administration’s requirement to test the products for effectiveness prior to their marketing and sale.

Wilson takes issue with Nature’s Bounty’s statement that “Ginkgo helps support memory, especially occasional mild memory problems associated with aging.” According to the ginkgo biloba class action lawsuit, this claim is “nothing but a sham.” Wilson points to several studies have been conducted that indicate ginkgo biloba is ineffective at improving memory or cognitive function.

Wilson filed the false advertising class action lawsuit on behalf of herself and a Class of people who purchased Nature’s Bounty Ginkgo Biloba for personal use in the State of California. She believes there are tens of thousands of potential Class Members. She alleges Nature’s Bounty violated California’s Unfair Competition Law and Legal Remedies Act and engaged in false and misleading advertising.

Wilson is represented by Gillian L. Wade and Allison R. Willett of Milstein Adelman LLP and Clayton Halunen, Melissa W. Wolchansky and Charles D. Moore of Halunen & Associates.

The Ginkgo Biloba False Ad Class Action Lawsuit is Alison Wilson v. Nature’s Bounty Inc., et al., Case No. BC 561527, in the Superior Court for the State of California, Los Angeles County.