Nature’s Way Class Action Says Supplements Not ‘Made in USA’

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Supplements manufactured by Nature’s Way Products LLC are mislabeled as being “Made in the USA” because the products contain ingredients that are sourced from foreign countries, according to a class action lawsuit filed in Illinois federal court earlier this month.

Plaintiff Angel McDonnell says she purchased Alive! Women’s Energy Supplement and other Nature’s Way vitamin supplements that included a label indicating that the products were “Made in the USA.” She says she relied on the labels and was under the belief that the supplements met the legal standard to bear the “Made in USA” label.

According to the Nature’s Way class action lawsuit, the “Made in USA” label on Nature’s Way products is deceptive because the supplements contain “substantial ingredients that are manufactured in and sourced from foreign countries.” McDonnell claims she paid more for these deceptively labeled supplements than they’re actually worth.

The foreign-sourced ingredients include vitamins like vitamin C (ascorbic acid), the Nature’s Way class action lawsuit alleges. McDonnell claims that the foreign-sourced ingredients make up a “significant part” of the products; therefore, the use of the phrase “Made in the USA” on the product labels is deceptive under Federal Trade Commission guidelines.

The deceptive labeling class action lawsuit asserts the “Made in USA” labels were placed on the products with the intention that consumers rely on them when choosing to purchase the products. McDonnell claims that the company does this in order to capitalize on consumers’ interest in purchasing American-made products.

McDonnell describes herself as a patriotic American who is willing to pay a premium for products that are made in the United States. According to the Nature’s Way class action lawsuit, she is not alone. McDonnell points to a 2015 Consumer Reports survey that found nearly 80 percent of Americans are willing to pay a higher price for products that are made in the United States.

The deceptive labeling class action lawsuit asserts violations of the Uniform Deceptive Trade Practices Act, the Illinois Consumer Fraud and Deceptive Business Practices Act and violations of the deceptive trade practices statutes of other states that have implemented such laws.

The Nature’s Way Made in USA class action lawsuit seeks to represent a Class of individuals in California, Florida, Illinois, Michigan, Minnesota, Missouri, New Jersey, New York, Washington and other states that have enacted the Uniform Deceptive Trade Practices Act or similar laws, and who have purchased Nature’s Way dietary supplements that include “Made in the USA” or “USA-sourced” labels.

McDonnell is seeking an injunction, compensatory and punitive damages, a jury trial, attorneys’ fees and other costs.

The plaintiff is represented by David & Norris LLP and Bekkerman Law Offices LLC.

The Nature’s Way Made in USA Class Action Lawsuit is Angel McDonnell v. Nature’s Way Products LLC, et al., Case No. 1:16-cv-05011, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

UPDATE: On March 28, 2017, a federal judge denied Nature’s Way’s motion to dismiss the class action lawsuit.