Did You Buy Dietary Supplements Based on False Advertising?

When we are deciding whether or not to make a purchase, we often rely on factors like recommendations from trusted sources, price, advertisements, and the information provided on the product’s label. But if the product’s advertising or label is unreliable, false, or misleading about its contents or its capabilities, we may be choosing to make a purchase we otherwise would not have had the information been clearer or more accurate.

For instance, dietary supplements may be labeled with bold claims of being able to heal diseases and the like, but lack any real evidence to support those dietary supplements claims.

This kind of false or misleading dietary supplement advertising is a violation of both federal and state consumer protection laws.

If you have purchased dietary supplements based on false advertising claims, you may be able to join a class action lawsuit and pursue compensation.

How Are Dietary Supplements Advertisements Regulated?

The advertisement of dietary supplements is regulated jointly by two government organizations: the U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC). The FDA and FTC require that dietary supplements advertising, like any advertising, must be both truthful in nature and substantiated by evidence.

The two organizations divide and conquer their regulation tasks: the FDA has primary responsibility for product labeling claims, while the FTC has primary responsibility for advertising claims (through print, TV, catalog, and internet ads, among others).

What Dietary Supplements Claims Are Allowed?

Dietary supplement labeling is allowed to include labels with claims about their health benefits, provided that the manufacturer also has evidence to back these claims up. The manufacturer must also notify the FDA about the claim on its label within 30 days of the product being marketed in this way.

Some dietary supplements claims are required to have this disclaimer: “This statement has not been evaluated by the U.S. Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”

There are three kinds of claims allowed on dietary supplements:

• health claims
• structure/function claims
• nutrient content claims

Companies are continually coming under fire for violating false advertising laws by mislabeling their products, including dietary supplement companies. Dietary supplements are required to include labels with the following information:

• Statement of the product’s identity
• Amount of the dietary supplement
• Nutrition labeling
• Ingredient list
• Name and place of business of the manufacturer, packer, or distributor

The Fall of Glucosamine, Chondroitin Over False Advertising Claims

For several years, dietary supplements containing glucosamine and chondroitin were marketed to people with joint pain. Many manufacturers of these supplements have faced class action lawsuits after a number of clinical trials found that taking an oral tablet did about as much as taking a placebo (fake pill).

Despite published studies that glucosamine and chondroitin pills do not provide any anti-inflammatory or pain relief, supplement companies continued to promote the substances.

Glucosamine is naturally found in healthy cartilage that cushions joints, and the body makes chondroitin through a natural process that helps joint cartilage stay lubricated. However, several studies show that taking these substances by mouth does little or nothing to help the joints.

In 2011, a study of 59 patients in Sweden found that taking 1,200 mg of glucosamine daily for six weeks had no effect on pain at all.

In 2014, researchers analyzed a collection of 25 different glucosamine papers that included 3,458 patients and found that glucosamine had no noticeable effect on the patients’ pain or inflammation.

The American Academy of Orthopedic Surgeons nor the American College of Rheumatology currently recommend the use of glucosamine or chondroitin to treat osteoarthritis symptoms.

In some cases, the chondroitin and glucosamine taken orally might interfere with warfarin, a blood thinner. At least one study in rats found that taken long-term, moderate doses of glucosamine might damage the kidneys.

Among the companies that faced class action lawsuits filed by consumers who felt duped by false marketing claims were the makers of Joint Juice, Osteo Bi-Flex, and Schiff Move Free. The earliest lawsuits were filed in 2013.

Dietary Supplements Advertising Examples

When companies make claims through their advertising or labeling, it is essential that they have the evidence to back up these claims. It’s not only direct claims that must be supported—advertisements and labeling can make strong implications with their content and wording that must also be supported. Common examples of dietary supplements advertising include:

• The claim that “university studies prove” a supplement can improve something, such as athletic performance. According to the FTC, this kind of claim would require that the company have “university studies” documenting the claimed benefit—which must adhere to the claim’s implication that they are methodologically sound.
• The claim that 90 percent of cardiologists take a particular vitamin supplement must have evidence that supports both the percentage of cardiologists as well as the idea that the vitamins have some kind of heart benefit, as the claim implies.

A growing number of consumers say that bold claims are being included on certain supplement labels despite there being no evidence that the products actually have these results.

Why Some Dietary Supplements Are Deadly

Dietary supplements fall under the category of food, not drugs, which is why the FDA does not oversee any regulation of supplements. However, an amphetamine-like ingredient called methylhexanamine, often referred to as DMAA, made its way into dietary aids often sold to men who wished to bulk up or lose weight.

USP Labs and S.K. Laboratories marketed Jack3d and OxyElite Pro. Jack3d was marketed for muscle gain and OxyElite Pro was the weight loss supplement, but both contained DMAA. According to Elemental.Medium, the two dietary supplements made more than $400 million for USP Labs, starting in the year 2008.

At least five deaths and two liver transplants are among the horrible side effects suffered by people who took either Jack3d or OxyElite Pro. Five UPS Labs and S.K. Laboratories managers pleaded guilty to felonies regarding the supplements’ ingredients, among which were synthetic materials imported from China. The companies purportedly falsified documentation to cover the wool over the eyes of U.S. regulators. They pleaded guilty to conspiracy to introduce misbranded food into interstate commerce.

Initially approved as a nasal decongestant, DMAA was taken off the market by the FDA in 1983. Too many reports of panic attacks, seizures, high blood pressure, and increased heart rate led the FDA to believe DMAA was too dangerous to prescribe to patients.

According to Elemental, falsified labels said the DMAA was natural and extracted from “geranium stem,” but the DMAA was actually synthetically made and imported from China.

The five who pleaded guilty are to be sentenced sometime later this year.

How to Take Action Against False Dietary Supplements Advertising

A number of dietary supplements may have been mislabeled in a way that is misleading to consumers. These include the following:

• Absorb Health Noopept
• Andarine
• Arazo Nutrition Blood Sugar Support Supplement
• Bionox Nutrients Sugar Balance Botanical Brand +
• Capris Associates Black Cumin Seed Oil
• Divine Health Berberine 600 mg
• Enrage Extreme by eFlow Nutrition
• Genius Brand Blood Sugar Support Capsules
• Inspired Nutrition Skin Defense
• Lean Pills by Line One Nutrition
• Testolone
• Tribe Organics Boswellia Complex

A more complete list of dietary supplements that have been allegedly mislabeled can be found on our investigation page.

A number of major lawsuits have been filed over false advertising, some resulting in major payouts for consumers.

If you live in California and you have purchased any products with dietary supplements false advertising or misleading claims, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit can help you regain some kind of compensation, as well as hold companies responsible for their actions.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with experienced unfair competition lawyers. Consulting an experienced attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free California Supplements Class Action Lawsuit Investigation

If you live in California and purchased a dietary supplement with a label that touted health claims you believe may be false and misleading within the last four years, you may have a legal claim.

Get a Free Case Evaluation

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