Kelp Supplement Class Action Says Maker Understates Iodine Content

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Progressive Laboratories Inc., a supplement manufacturer based in Irving, Texas, is facing a class action lawsuit alleging it failed to warn consumers that its kelp supplement contains an excessive amount of iodine.

Plaintiff Michael Noonan alleges that the supplement label indicates that each capsule contained in the kelp supplement bottle consists of 500 micrograms of iodine. However, his attorneys tested the product and found that the pills actually contain 960 micrograms of iodine – approximately 190 percent of the amount listed on the label.

According to the kelp supplement class action lawsuit, these levels of iodine are “excessive and potentially dangerous.” Noonan asserts that this excessive iodine content basically renders the kelp supplement worthless because it fails to provide a healthy level of iodine.

Kelp is a type of algae that grows in the sea. According to the kelp supplement class action lawsuit, kelp contains important vitamins such as folate, and vitamins A, E and K. Kelp also contains calcium, magnesium and potassium.

Kelp is also a rich source of iodine, which is essential for healthy thyroid functioning. Iodine deficiency can cause many problems, including hypothyroidism. Symptoms of hypothyroidism may include weight gain, depression, slowed heart rate, impaired mental function, fatigue, and elevated blood cholesterol. It can also cause a person to suffer from health issues such as obesity, heart disease, infertility and joint pain.

Most people in the United States derive sufficient iodine from their diets because many manufacturers add it to table salt, the kelp supplement class action lawsuit says. However, many people take kelp supplements in effort to support their thyroid function.

Kelp supplements are an effective source of iodine when they are taken at the proper dosage. However, consumption of excessive amounts of iodine can cause some of the same symptoms as iodine deficiency, the kelp supplement class action lawsuit alleges. It can also cause hyperthyroidism and other thyroid issues.

The Office of Dietary Supplements for the National Institutes of Health recommends adults consume 150 micrograms of iodine, and says the upper tolerable intake limit for iodine is 1,100 micrograms, according to the kelp supplement class action lawsuit.

Due to safety concerns, the U.S. Food and Drug Administration has reportedly issued a regulation stating that a kelp supplement may not exceed 225 micrograms of iodine per daily serving. The kelp supplements sold by Progressive Laboratories exceed the FDA’s safe limit by more than four times, the kelp supplement class action lawsuit alleges.

Noonan alleges Progressive Laboratories sells its kelp supplements at a premium price because it boasts that its products are of the highest quality. According to the supplement labeling class action lawsuit, Progressive sells its bottles of 100 capsules for approximately $12.50 each, while comparable kelp supplements may cost as little as $4.19 for 250 capsules.

Noonan says he would not have purchased the Progressive Laboratories kelp supplements if he had known they contained an excessive and potentially dangerous amount of iodine. He filed the iodine supplement class action lawsuit on behalf of himself and all other consumers in the United States who purchased the Progressive Laboratories kelp supplement. He also seeks to certify a consumer fraud multistate Class and an Illinois subclass.

The kelp supplement class action lawsuit asserts violations of the Texas Deceptive Trade Practices Act, various state consumer fraud acts, violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of express warranties and unjust enrichment.

Noonan is represented by Gary M. Klinger of Kozonis Law Ltd.

The Progressive Laboratories Kelp Supplement Class Action Lawsuit is Michael Noonan v. Progressive Laboratories Inc., Case No. 17-CH-08233, in the Circuit Court of Cook County, Illinois, Chancery Division.