Steven Cohen  |  July 1, 2020

Category: Legal News

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A smiling woman in a white tank top takes a pill while holding a glass of water

HeartWise Inc., doing business as NatureWise, has been hit with a class action lawsuit by a consumer who claims the company falsely advertises that its dietary supplements contain “2250 mg Per Day” of curcumin when each pill only contains 750 mg.

Plaintiff Martha Valentine says the dietary supplement actually requires three capsules to provide the advertised 2250 mg dosage. She maintains that she was led to believe each of the 180 capsules in the container contains 2250mg of the curcumin supplement.

Valentine allegedly purchased NatureWise curcumin dietary supplement from Amazon.com and after reading and relying on the truthfulness of the product’s label that represented “2250 mg Per Day” of curcumin and “180 vegetarian capsules.”

She says that at the time of her purchase, she did not know the product required her to take three capsules to reach the full dosage of 2250 mg of curcumin. Valentine states that as a result of the defendant’s misrepresentations and omissions, she paid a premium for the product and only received one third of the amount of supplement she believed she would receive.

Thus, Valentine states she received only a third of the amount of the supplement she intended to purchase based on the false and misleading statements on the front of the label. 

“NatureWise intentionally fails to adequately disclose to consumers that more than one capsule is required to obtain the labeled dosage amount,” the NatureWise class action lawsuit states.

According to Valentine, if she had known the truth regarding NatureWise’s misrepresentations and omissions, she would not have purchased the product or would have paid less for it.

Vitamin supplements in a spoonValentine alleges that dietary supplements are a multibillion-dollar industry without the scrutiny and regulation of the pharmaceutical business.

She says this allows manufacturers to make claims about the purported ability of their products to assist with numerous health problems, including weight loss, toxin removal, improvements to focus and brain function and inflammation reduction.

The plaintiff states NatureWise is a lifestyle brand that connects with consumers in a less traditional way by selling an experience and communicating with consumers on an emotional level. NatureWise connects with consumers by making values claims like “Live Healthy. Live Happy” and “Dear Body, I love you.”

NatureWise allegedly sells dozens of products marketed under different categories such as “Daily Support,” “Digestive Support,” “Hair Skin & Nails,” “Healthy Weight,” “Ashwagandha Herbal Blends,” “Vegan/Vegetarian” and “Bundles.”

As part of its curcumin supplement, the defendant makes numerous representations, including “Improve Cognition,” “Support Cardiovascular Function,” “Combat Degenerative Oxidative Stress,” “Reduce Inflammation” and “Improve Joint Support,” Valentine goes on to state.

Valentine says the representation that the product contains “2250 mg Per Day” and “90” or “180” vegetarian capsules was uniformly communicated to her and every other person who purchased the products. She maintains that this representation led her to believe that each of the capsules contained 2250 mg of the curcumin supplement.

However, upon closer inspection of the bottle, NatureWise reveals that three capsules must be consumed to provide the 2250 mg per day serving, Valentine says. 

“Defendant knew and intended that consumers would purchase, and pay a premium for, a supplement labeled as having a 2250 mg of curcumin per day, leading consumers to believe that by taking 1 capsule per day they would be able to get all the benefits of consuming a large dosage of curcumin,” the NatureWise class action lawsuit states.

In addition, the plaintiff maintains that, in making false and misleading statements and representations, NatureWise distinguishes the supplements from its competitors by leading consumers to believe they are receiving three times as much curcumin per bottle than in an accurately labeled product.

Valentine also asserts that because consumers pay a premium price for curcumin supplements that do not require taking multiple capsules to reach the daily service size, NatureWise is able to increase its sales and retain more profits.

NatureWise’s misleading representations and omissions lead consumers to pay a premium for the supplements because they falsely believe that they are receiving three times as much curcumin as they actually receive in each bottle.

Common questions of law and fact in the NatureWise class action lawsuit include: 1) Whether the marketing, advertising, packaging and labeling for the product are deceptive and unlawful because of misrepresentations and omissions; 2) Whether the defendant’s actions violate federal and California laws; and 3) whether misrepresentations and omissions regarding the number of capsules per serving to achieve 2250 mg per day of curcumin is material to a reasonable consumer.

The plaintiff seeks a jury trial; an order enjoining the defendant from continuing its alleged unlawful practices; compensatory, statutory, punitive and treble damages; restitution; pre- and post-judgment interest on any amounts awarded; attorneys’ fees and the costs; and any further relief deemed appropriate by the Court.

Did you purchase NatureWise curcumin products thinking that each capsule contains 2250 mg of curcumin? Leave a message in the comments section below.

The plaintiff is represented by Seth A. Safier and Marie McCrary of Gutride & Safier LLP.

The NatureWise Curcumin Class Action Lawsuit is Martha Valentine v. HeartWise Incorporated d/b/a NatureWise, et al., Case No. 3:20-cv-04302, in the U.S. District Court for the Northern District of California.

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17 thoughts onNatureWise Class Action Says Curcumin Supplement Is Mislabeled

  1. Minny says:

    OMG! The dumming down of America. If you can’t read the label that says the serving size is 3 capsules and then below that it says “Amount Per Serving” and lists the milligrams of ingredients per serving of 3 capsules, then you are hopeless. The only person who is benefiting big time in this deal is your lawyer who is taking advantage of your ignorance and getting paid handsomely for a bogus lawsuit that is a waste of time and space. You would be better served by going to the store and purchasing a clue.

  2. Christopher R Baker says:

    This lawsuit is hogwash. The directions CLEARLY STATE that a serving is 3 capsules. If you are not smart enough to read and understand these instructions then you have no business deciding what supplements you are going to take in the first place.
    All this lawsuit does is increase the cost to those of us who are smart enough to read the label and understand that it does take 3 capsules to make a single serving and you take one serving per day.
    You people should be ashamed of yourselves for trying to sue a company and get a bunch of money from it.
    You disgust me.
    BTW, I am not affiliated with the company in any way except as a happy customer who can read and follow directions.

  3. TIMOTHY M MILLS says:

    Please add me

  4. Paula Stafford says:

    Please add me.

  5. CAMILLA I WEINANDT says:

    Please add me.

  6. Yvette Dhuperoyrs says:

    Pls add me

  7. Jill Kramer says:

    Please add me

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