GNC Class Action Says Dietary Supplements Are Mislabeled

GNC cannot tout that its supplements lower cholesterol levels, or treat, cure, or mitigate coronary heart disease and osteoporosis because the FDA does not permit supplements to make such claims, according to a class action lawsuit.

Plaintiffs Christina Labajo, Howard Clark, and Berry Saizon say they purchased supplements from GNC specifically because the supplements advertised that they could help treat or mitigate such conditions.

The GNC class action states that the FDA determined that supplements cannot expressly or impliedly claim to lower cholesterol because it implies treatment for coronary heart disease.

Allegedly, only substances classified as drugs can purport to lower cholesterol.

The three consumers note that supplements are not subject to pre-approval based on safety and efficacy, but drugs are.

The GNC class action states that they company knows or should know that the FDA prohibits supplements from being advertised as lowering cholesterol, but advertises five of their supplements as being able to help lower cholesterol.

Allegedly, the company does not clarify that they may only maintain cholesterol levels that are within a normal range, language that the FDA requires “to avoid implying treatment for hypercholesterolemia and coronary heart disease.”

Similarly, the consumers say that GNC supplements unlawfully labels three supplements as being able to help menopausal women build, support, and/or maintain bone strength. Allegedly, the claim ares prohibited by the FDA.

The GNC class action states that the same rule that prohibits supplements from claiming to lower cholesterol or treat coronary heart disease because they have not gone through the same testing as drugs, also prohibits supplements from claiming to help treat or mitigate osteoporosis.

The GNC supplement labeling class action lawsuit says that labeling of the supplements constitutes a “Health Fraud” because GNC’s products have not been approved as safe and effective for the intended purposes.

Allegedly, GNC’s labeling of the supplements as such also violates the U.S. Food Drug and Cosmetic Act as well as California state laws with the same provisions.

Labajo says that in March 2017, she purchased a Women’s Ultra Mega Menopause Vitapak product form GNC, in part because it was advertised as being able to “help build and maintain bone density,” support “heart and cholesterol health,” support “cardiovascular system function” and support “healthy blood lipid levels.”

The GNC class action states that Labajo would not have purchased the supplements or would not have paid as much for them if GNC had not made these label claims.

Clark says that between July 2016 and February 2017, he purchased multiple supplements form GNC, including the GNC Healthy Cholesterol Formula, Probiotic Solutions Adults 50 Plus and GNC Ultra 35 Probiotic Complex with Cholesterol Support.

Like Labajo, he says he made his purchase in part because the supplements were advertised as being able to support cholesterol health, and would not have purchased the supplements or would not have paid as much for them had the supplements not been represented as such.

The GNC customers are represented by Wyatt A. Lison of Feinstein Doyle Payne & Kravec LLC, and by John Peter Zavez of Adkins Kelston & Zavez PC.

The GNC Supplements Class Action Lawsuit is Christina Labajo, et al. v. General Nutrition Corporation, Case No. CGC-19-574459, in the Superior Court of the State of California for the County of San Fransisco.

Read More Lawsuit & Settlement News:

Mott’s Class Action Says Applesauce, Apple Juice Aren’t All Natural

Are 3M Dust Masks to Blame for the Rise in Black Lung Cases?

McDonald’s Class Action Lawsuit Filed Over Combo Meal Pricing

Federal Program Continues to Support 9/11 First Responders