The Chicago Tribune reports that Walgreen Co. has been sued by a California consumer for alleged labeling violations on their Vitamin E supplements. The consumer objects to allegedly misleading claims on Walgreen's Vitamin E 400 IU Dietary Supplement that says the product "naturally contributes to cardiovascular health by helping to protect LDL cholesterol from oxidation which may cause cellular damage."
The complaint alleges that these statements are false and misleading based on clinical data that disproves these statements and indicates that the product is ineffective as marketed.
Lawsuits against supplement manufacturers are only just the beginning of the process. This case illustrates why both consumers and manufacturers need to be very aware of the legal terrain in supplements and why consumers often mistake natural supplements for regulated drugs.
The complaint alleges that these statements are false and misleading based on clinical data that disproves these statements and indicates that the product is ineffective as marketed.
Lawsuits against supplement manufacturers are only just the beginning of the process. This case illustrates why both consumers and manufacturers need to be very aware of the legal terrain in supplements and why consumers often mistake natural supplements for regulated drugs.
Supplements are regulated differently from medical drugs by the FDA. Their claims are not evaluated in the same way and their safety is not regulated through the same rigorous clinical process. In short, supplements face the same kind lack of regulation that prompted the creation of the FDA in the first place.
Since the claims are not regulated, supplement manufacturers and retailers can more readily make claims that are either questionable or at least unfounded. While most supplement manufacturers are careful to have some scientific or other bases for their claims, the allure of false promises in exchange for quick bucks has created some notable catastrophes in the industry.
The bottom line is consumers cannot trust the claims manufacturers make, but the law supports consumers that are defrauded by clear claims of benefits from drugs that cannot provide those benefits. Here, there is some question about whether Vitamin E could provide the benefits Walgreen lists on the bottle. Whether one consumer actually gets the benefit is not a matter of deceptive trade practices litigation. If the company knew or should have known that their product could not provide the benefit listed, then various state consumer fraud and deceptive trade practices laws could be triggered resulting in a great deal of liability.
Consumers should be careful when purchasing and taking supplements and can hold manufacturers accountable for failing to do their due diligence in labeling their products.
Contact an attorney as soon as possible if you have been harmed by ingesting a supplement or whether you believe that the product you purchased has been mislabeled or has egregious claims that cannot be supported by existing proper clinical evaluation.
Manufacturers should consult outside counsel, like Nair Law LLC, to determine what best practices they can implement and, if sued, how to best defend themselves against claims of consumer fraud, mislabeling, and personal injuries.
Since the claims are not regulated, supplement manufacturers and retailers can more readily make claims that are either questionable or at least unfounded. While most supplement manufacturers are careful to have some scientific or other bases for their claims, the allure of false promises in exchange for quick bucks has created some notable catastrophes in the industry.
The bottom line is consumers cannot trust the claims manufacturers make, but the law supports consumers that are defrauded by clear claims of benefits from drugs that cannot provide those benefits. Here, there is some question about whether Vitamin E could provide the benefits Walgreen lists on the bottle. Whether one consumer actually gets the benefit is not a matter of deceptive trade practices litigation. If the company knew or should have known that their product could not provide the benefit listed, then various state consumer fraud and deceptive trade practices laws could be triggered resulting in a great deal of liability.
Consumers should be careful when purchasing and taking supplements and can hold manufacturers accountable for failing to do their due diligence in labeling their products.
Contact an attorney as soon as possible if you have been harmed by ingesting a supplement or whether you believe that the product you purchased has been mislabeled or has egregious claims that cannot be supported by existing proper clinical evaluation.
Manufacturers should consult outside counsel, like Nair Law LLC, to determine what best practices they can implement and, if sued, how to best defend themselves against claims of consumer fraud, mislabeling, and personal injuries.
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