Member’s Mark class action claims turmeric curcumin complex falsely advertises amount per serving

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Member’s Mark turmeric curcumin complex class action overview: 

• Who: A Tennessee man is suing the maker of Member’s Mark supplements.
• Why: The plaintiff says Sam’s West falsely advertises one of its joint health supplements.
• Where: The Member’s Mark turmeric curcumin complex class action was filed in a Tennessee federal court.

A Tennessee man is suing the maker of Member’s Mark supplements, Sam’s West, alleging the company falsely advertises one of its turmeric curcumin complex joint health supplements.

Plaintiff Matthew Casella filed the class action lawsuit against Sam’s West Inc. on March 23 in a Tennessee federal court, alleging violations of state and federal consumer laws.

Sam’s West manufactures and sells Member’s Mark turmeric curcumin complex joint health supplements purporting to contain 500 mg of turmeric and curcumin, Casella says.

According to the lawsuit, the product’s front label representations say it contains 500 mg of “standardized extract” of “turmeric curcumin complex” and the Supplement Facts on the back label specify that “95% Standardized Turmeric (Curcuma longa) Extract” was used. 

These representations give consumers the impression the product contains 95% (475mg) of curcuminoids per serving, Casella says.

“However, lab testing conducted by ConsumerLab.com in 2019 revealed that instead of the expected 475 mg, the Product contains only 9.7 mg of curcuminoids per serving,” he alleges.

Product is not what it says it is, consumer alleges

The ingredients list also states that “CurcuWINTM Turmeric Extract” is the extract used, Casella further alleges. However, he says a report from ConsumerLab found that “CurcuWin is [only] 20% curcuminoids.”

If the product contains CurcuWIN, as listed in the ingredients, the extract cannot also be “95% Standardized Turmeric (Curcuma longa) Extract,” as listed in the supplement facts, Casella reasons.

“As a result of the false and misleading representations, the Product is sold at premium price, approximately not less than $14.88 for 250 capsules, excluding tax and sales.”

Casella seeks to represent a class of Tennessee consumers who bought the product, plus a multistate class of consumers from Alabama, Arkansas, Kentucky, Louisiana, Mississippi, Montana and Tennessee.

He is suing for violations of state consumer laws, breach of warranty, negligent misrepresentation, fraud and unjust enrichment. The plaintiff seeks certification of the class action, damage, fees, costs and a jury trial.

Meanwhile, the FDA has also announced an urgent recall of Dr. Rima Recommends Nano Silver 10 ppm dietary supplement as the product makes “unsubstantiated health claims that the product will prevent, treat or cure COVID-19.” 

What do you think of the allegations about the Member’s Mark product? Let us know in the comments! 

The plaintiff is represented by Brent S. Snyder of Brent Snyder Law and Spencer Sheehan of Sheehan & Associates PC. 

The Sam’s West class action lawsuit is Matthew Casella, et al. v. Sam’s West Inc., Case No. 3:23-cv-00102, in the U.S. District Court for the Eastern District of Tennessee. 

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