McNeil Lactaid Supplements are Drugs, Not Supplements, Class Action Lawsuit Claims

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McNeil, Johnson & Johnson Lactaid Lawsuit Overview:

• Who: McNeil Nutritionals and Johnson & Johnson Consumer, Inc.
• What: The two companies are accused of selling a Lactaid supplement that says it helps lactose intolerance, however the product has not been FDA approved.
• Where: Massachusetts federal court.

McNeil Lactaid Supplements are not approved by the U.S. Food & Drug Administration (FDA), and the manufacturers are misleading customers in their advertising of the products, a new class action lawsuit alleges.

Plaintiff Kristin DiCroce filed the class action complaint against McNeil Nutritionals, LLC, a subsidiary of Johnson & Johnson Consumer, Inc. on Oct. 12 in a Massachusetts federal court, alleging violations of the Food, Drug, and Cosmetic Act and FDA regulations.

DiCroce alleges the companies unlawfully and misleadingly label and advertise their Lactaid Supplements with claims that it prevents, treats, cures, or mitigates lactose intolerance. 

“Unlike approved drugs, however, the supplements have not received the requisite FDA approval as being safe and effective for their advertised purpose, and thus do not include the attendant ‘Drug Facts’ information the FDA deems material to consumers,” the class action claims. 

McNeil Nutritionals, a Johnson & Johnson Company, Commits ‘Health Fraud’ by Mislabeling Lactaid Supplements, Class Action Alleges

As a result, the packaging amounts to having “illegal drug claims” and would be deemed “Health Fraud” under FDA guidelines, the lawsuit states.

DiCroce alleges that by prominently displaying claims that the product helps with lactose intolerance on its labels and website, the defendants create the misleading impression that the product meets all the regulatory requirements.

She’s seeking to represent a nationwide class of customers who purchased the Lactaid Supplements. 

She’s suing for violations of the Massachusetts Consumer Protection Act, unjust enrichment and false advertising, and seeking certification of the class action, damages, costs, fees and a jury trial.

American multinational corporation Johnson & Johnson is a household name, known for developing numerous consumer products, medical devices and pharmaceutical items that frequent the shelves of department stores. 

Many of the company’s products have been reported by consumers as being faulty or hazardous, leading to a range of class actions lawsuits being filed. 

The Johnson & Johnson lawsuits follow claims that its baby powder has asbestos in it and is causing cancer, claims of faulty surgical staples and more. Click here to read about the latest class action lawsuit related to Johnson & Johnson.

What do you think of the allegations in this case about Lactaid? Let us know in the comments! 

The plaintiff is represented by John Peter Zavez, Noah Rosmarin, and Brendan Bridgeland of Adkins, Kelston & Zavez, P.C. 

The McNeil Johnson & Johnson Lactaid Class Action Lawsuit is Kristin DiCroce et al., v. McNeil Nutritionals et al., Case No. 1:21-cv-11660, in the U.S. District Court District of Massachusetts.

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