Rite Aid Glucosamine Supplements Subject of Class Action Lawsuit

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A New York man has filed a class action lawsuit against Rite Aid Corporation, alleging that the retailer made false marketing claims regarding its own brand of glucosamine supplements.

Rite Aid sells a series of house-brand dietary supplements that contain the active ingredients glucosamine sulfate and/or chondroitin sulfate. According to the class action lawsuit filed by Staten Island resident Louis Lastres on Nov.22, the drugstore chain promises in its marketing materials that its glucosamine/chondroitin supplements will “‘help rebuild cartilage & lubricate joints.'”

Seven products at issue in this class action lawsuit are Rite Aid Glucosamine/Chondroitin, Rite Aid Natural Glucosamine/Chondroitin, Rite Aid Glucosamine Chondroitin Advanced Complex, Rite Aid Glucosamine Triple Strength + MSM, Rite Aid Glucosamine Chondroitin + MSM, Rite Aid Glucosamine Chondroitin Advanced Complex with HA and Rite Aid Glucosamine Sulfate.

Lastres believes that there are several others who were also subject to what he alleges were false claims about Rite Aid’s joint products.

Lastres bought Rite Aid’s joint supplement because he suffers from joint pain and he believed the claims that the drug store made about the glucosamine supplements. According to Lastres, these claims are false and misleading because there is a plethora of “reliable and published scientific studies” that glucosamine and chondroitin do not alleviate joint pain, the class action lawsuit says.

“Rite Aid’s representations about the efficacy of the ingredients in the Supplements products are totally contradicted by all credible scientific evidence,” the Rite Aid glucosamine lawsuit states.

In particular, the lawsuit cites study that was done by the National Institute of Health (NIH) and published in the New England Journal of Medicine that found that the two supplements “‘alone or in conjunction, was not efficacious.'”

Another study found that glucosamine wasn’t any better at treating joint pain and damage than a placebo.

“Thus, in addition to affirmatively misrepresenting the joint health benefits of the Supplements, Rite Aid’s failure to disclose facts regarding this and other similar studies also constitutes deception by omission or concealment,” the class action lawsuit states.

Rite Aid made these claims public on its website, promotional materials and the packaging and labels on the supplements.

“Defendant’s uniform advertising and marketing virtually ensure that the only reason a consumer would purchase the Supplements is to obtain the advertised joint health benefits — benefits that Rite Aid knows the Supplements fail to provide,” Lastres asserts.

The New York man wants Rite Aid to stop marketing its glucosamine/chondroitin products with false and misleading advertising, correct the perception in its customers’ minds that these supplements really can alleviate joint problems, and he wants Rite Aid to redress those who were wronged by the false claims.

Lastres also wants the Court to prohibit Rite Aid from advertising its glucosamine joint products in the way it has previously, as well order as monetary relief for customers who purchased the products.

The New York man is charging Rite Aid with violating New York General Business Law, with false advertising and breach of express warranty.

The plaintiff is represented by John D. Zaremba of Zaremba Brownell & Brown PLLC, by R. Bruce Carlson of Carlson Lynch Ltd, and by Benjamin Sweet of Del Sole Cavanaugh Stroyd LLC.

The Rite Aid Glucosamine Supplement Class Action Lawsuit is Louis Lastres v. Rite Aid Corp., Case No. 1:13-cv-06550, in the U.S. District Court for the Eastern District of New York.