Mislabeling

Mislabeling Overview

Mislabeling is a form of false advertising in which a product’s label includes claims that are overstated, exaggerated, or even completely incorrect. If a product is labeled falsely, consumers may not actually be getting what they think they are by purchasing the item, or they may even be put at risk.

What’s The Big Deal About Mislabeling?

When a consumer makes a purchase, they are placing their trust in the manufacturer. Any mislabeling of products—from drugs to supplements to food items—is a breach of that trust, and this breach of trust can mean that the consumer isn’t getting the product they paid for.

The labels on medications, supplements, and foods are all extremely important for consumers as they make their choices of what to buy. Sometimes, these choices are based on preference (“I prefer this flavor to that one”) but are also often based on things they can or cannot safely consume (“I am allergic to this ingredient”).

It’s easy to see how mislabeling in these cases can cause very serious problems—and why fraudulent labeling has led to a number of lawsuits.

Mislabeling Litigation

Dietary supplements are a huge industry in the U.S. bringing in more than $37 billion dollars per year, and supplements are also a significant source of mislabeling issues.

The Dietary Supplements Health and Education Act was passed back in 1994 in order to establish guidelines for dietary supplement labeling. The U.S. Food and Drug Administration (FDA) regulates dietary supplements, and has the power to remove products from the market if they are found to be unsafe or misbranded.

SAM-e (S-adenosylmethionine) is a compound natural to the human body, and is supposed to help regulate the function of cells. SAM-e supplements are often taken as a pain killer, especially for osteoarthritis-related pain, and some even take it as a treatment for depression. In the United States, SAM-e is sold as a supplement. In Europe, it should be noted, SAM-e is considered a prescription drug.

Currently, several companies that make SAM-e supplements are being investigated for false advertising claims. Indeed, SAM-e supplements may contain much less SAM-e than their labels claim. Consumers may be getting just 12 to 18 percent of the listed designated servings of SAM-e with each dose they take.

More than a hundred cases have been filed by the Federal Trade Commission (FTC) over false labeling claims by health supplement companies. In the majority of these cases, the manufacturers have ended up paying substantial fines and lawsuits, often amounting to tens of millions of dollars.

Supplement brands included in this investigation include:

• Vitamins Because You Are Worth It
• NusaPure
• aSquared Nutrition
• We Like Vitamins
• BoostCeuticals
• Healthy Way
• Mental Refreshment

Filing a Lawsuit

If you have purchased a supplement like one of these SAM-e supplement brands, you may have been affected by mislabeling, and may be eligible to join a class action lawsuit investigation and pursue compensation.

Litigation can be intimidating, so Top Class Actions can start off the process right by connecting you with an experienced false advertising attorney. Consulting a lawyer can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.