Amazon must face class action over non-FDA approved supplements

Amazon supplement class action lawsuit overview:

• Who: A Washington federal judge denied Amazon’s motion to dismiss a class action lawsuit filed against it by a group of consumers. 
• Why: A group of consumers claim Amazon sells dietary supplements with misleading labels. The judge disagreed with Amazon’s argument that the group does not have standing to bring claims for dietary supplements they did not purchase.
• Where: The class action lawsuit is filed in Washington federal court.

A Washington federal judge denied Amazon’s motion to dismiss a class action lawsuit claiming the company sells dietary supplements with misleading labels.

A group of consumers claim Amazon sells dietary supplements with labels that feature health claims that have not been approved by the U.S. Food and Drug Administration (FDA).

Amazon, meanwhile, unsuccessfully argued the plaintiffs lacked standing to bring claims for dietary supplements they did not purchase.

The judge determined Amazon’s alleged conduct is sufficiently similar to the purchased and unpurchased supplements, making any concerns about differences among the products more appropriately resolved at the class certification stage.

Amazon argues unpurchased supplements not similar enough to purchased ones

The group argues they purchased supplements from Amazon that featured structure function claims on the product labels, leading them to believe the supplements had therapeutic value and that the claims were reviewed and approved by the FDA.

In reality, the group claims Amazon omitted mandatory disclaimers from the product labels, causing consumers to falsely believe the supplements had been reviewed and approved by the government.

“Plaintiffs allege that Amazon engages in a uniform, systematic practice of marketing and selling dietary supplements and failing to provide the required disclaimers for structure-function claims,” the judge wrote in his order. 

A pair of consumers filed a similar class action lawsuit against Amazon in 2023 over claims it promoted and sold therapeutic dietary supplement drugs that were illegal and defective. 

Have you purchased dietary supplements from Amazon? Let us know in the comments!

The plaintiffs are represented by Maia Kats of Just Food Law, George F. Carpinello and Adam R. Shaw of Boies Schiller Flexner LLP and Todd Maybrown of Allen Hansen Maybrown & Offenbecher.

The Amazon supplement class action lawsuit is Medal, et al. v. Amazon.com Services LLC, Case No. 2:23-cv-01975, in the U.S. District Court for the Western District of Washington.

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