Status: In progress

Spivey v. Evig LLC d/b/a Balance of Nature, et al.

Balance of Nature and owner Douglas Howard are accused of making false and deceptive claims regarding Balance of Nature supplements.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

Jon Styf  |  February 9, 2024

Category: Legal News
Close up of green capsules, representing the Balance of Nature class action lawsuit.
(Photo Credit: iampuay/Shutterstock)

Balance of Nature class action overview: 

  • Who: Evig LLC, which does business as Balance of Nature, is facing a lawsuit over its advertised claims about its Balance of Nature supplements. 
  • Why: The Balance of Nature class action accuses Evig and owner Douglas Howard of making false and deceptive statements about the healthiness of the supplements.
  • Where: The Balance of Nature class action was filed in federal court in Illinois.

Evig LLC, which does business as Balance of Nature, is facing a class action lawsuit claiming that it makes false and deceptive claims about the health benefits of Balance of Nature supplements.

Balance of Nature has marketed its fruit and vegetable dietary supplements since 1997, according to the Balance of Nature class action. 

In 2019, the U.S. Food and Drug Administration (FDA) issued a warning letter to Balance of Nature over claims the company made about its products’ usefulness for treating “various ailments and diseases,” the class action says. The FDA later sued Balance of Nature over the claims, and the company agreed to stop advertising its products for treatment of illnesses.

However, the Balance of Nature supplements class action accuses the company of even more untruthful claims.

According to the class action, Balance of Nature owner Douglas Howard is featured in a pair of promotional videos arguing that consuming the company’s supplements is the same as eating fruits and vegetables — and that the products cost “a lot less money” than the real thing.

But that’s just not true, the Balance of Nature lawsuit says.

Balance of Nature supplements allegedly are actually 40% sugar, and don’t provide nearly the amount of nutrients that fruits and vegetables do.

“Virtually every statement (Howard) makes in these two videos is either false or is an intentional half-truth that deceives consumers into believing that by buying and taking the recommended daily dose of the Balance of Nature products this will provide the consumer with meaningful nutrition that will help supplement his or her’s diet and fill in any nutritional gaps that may arise from not consuming the daily requirements of fruits and vegetables,” the Balance of Nature lawsuit says.

Supplements cost $2.33 per day for trivial health benefit, lawsuit claims

Balance of Nature supplements are sold for $89.95 for a one-time purchase or $69.95 with a one-time member fee of $24.95 and agreement to buy every 28 days, the Balance of Nature lawsuit says.

That means a dose costs  $2.33 a day for a trivial amount of nutritional benefit, the Balance of Nature lawsuit claims. A nationwide class and Illinois-only class are proposed for the lawsuit.

Balance of Nature was ordered to pay $1.1 million to the state of California to resolve similar claims about the nutritional value of Balance of Nature supplements in a now-closed October 2023 settlement.

Have you purchased Balance of Nature supplements? Let us know in the comments.

The plaintiffs are represented by Stewart M. Welman, Steven A. Hart and Sean O’Malley of Hart McLaughlin and Eldridge; Charles E. Schaffer of Levin Sedran and Berman LLP; Charles LaDuca of Cuneo, Gilbert and LaDuca LLP; and Michael McShane of Audet and Partners LLP.

The Balance of Nature class action lawsuit is Spivey v. Evig LLC d/b/a Balance of Nature, et al., Case No. 1:24-cv-00781, in the U.S. District Court for the Northern District of Illinois, Eastern Division.


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12 thoughts onBalance of Nature class action alleges supplements not healthy as advertised

  1. Tracee Pierce says:

    I bought Balance of Nature Fruits and Veggies. I was recovering from cancer and had a poor appetite. I was hoping these would give me some nutrition I was lacking. I had too many bad side effects.

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