By Kim Gale  |  April 8, 2019

Category: Legal News

healthy living with weights and GNC supplementsGNC supplements are under investigation for allegations regarding false and misleading advertising.

In 2015, the Attorney General of New York sent letters to GNC and other supplement marketers telling them that DNA testing was unable to prove the supplements contained the labeled substances. As a result of the inability to verify the claimed herbal ingredients, the AG called for sales of many popular supplements to cease.

The New York Attorney General’s office had found only 21 percent of the test results from store brand herbal products contained verifiable DNA from the plants listed on the labels. The other 79 percent consisted of fillers or other plant material.

Some GNC supplements were even found to contain fillers made of powdered legumes, the category of plant life that includes peanuts and soybeans. People who are allergic to these substances would never know the supplements were a potential health hazard to them.

The AG’s office sent the supplements to a lab that uses DNA bar coding, which is the same testing used to determine fraud in the seafood industry. Plants, like animals, have specific DNA that can be compared to categorized DNA in a computerized database.

Consumers might be surprised to learn that the U.S. Food and Drug Administration (FDA) does not have the power to regulate supplements. False advertising of what the pills and powders can do are also an issue, like dietary supplement marketing. A 1994 federal law made the supplement industry exempt from FDA oversight, which means the supplement manufacturing and labeling system is completely dependent upon the ethical behavior of the marketers.

What Do GNC Supplements Contain?

One GNC lawsuit alleged products Turbo Shred and Meltdown Peach Mango were marketed as herbal supplements, but actually contained amphetamine-type stimulants. The purportedly herbal products contained BMPEA and picamilon, a synthetic chemical that was developed in Russia, where it is sold as a prescription drug to treat depression and anxiety.

In December 2016, GNC agreed to a $2.25 million settlement with the Department of Justice. In a statement, the DOJ noted that “[a] lengthy investigation conducted by the U.S. Food and Drug Administration (FDA), the U.S. Attorney’s Office for the Northern District of Texas and the Consumer Protection Branch of the Department of Justice’s Civil Division revealed that GNC’s practices related to ensuring the legality of products on its shelves were lacking.”

At that time, the Department of Justice noted that GNC’s OxyElite Pro Advanced Formula sold in 2013 contained 1,3-dimethylamylamine (DMAA), which is sometimes referred to as geranium extract on labeling. The DOJ said two soldiers died after taking DMAA, which has been linked to cardiovascular events such as heart attacks. The supplement also was blamed for causing several liver problems, some of which required the patients to seek liver transplants.

GNC allegedly didn’t know the supplements were tainted, but the DOJ also said GNC didn’t test its own products for purity. The company that made OxyElite was USPLabs, which was indicted in 2015 for making the claim that only natural ingredients were used in its products.

In another heart-breaking case, a hospital gave an infant a probiotic supplement, and the baby died in December 2014. Tests later proved the probiotic was tainted with yeast.

After the baby’s death, the FDA issued a new warning to the public that the supplement industry is not under its regulatory control. This includes supplements for pets as well.

Join a Free GNC Class Action Lawsuit Investigation

If you purchased GNC brand supplements, you may qualify to join this GNC supplements false advertising class action lawsuit investigation.

Learn More

This article is not legal advice. It is presented
for informational purposes only.

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