Article Published in Natural Products Insider Provides Supplement Companies with Insight into Class Action Lawsuits Based on False Advertising or Misbranding

Jay Manfre, an associate in CGMB’s dietary supplements division, and Alan Feldstein, of Counsel to the firm, have authored an article addressing the timely topic of the rise in class action lawsuits in the dietary supplement industry – providing supplement companies with legal insight into how they can reduce the risk of these types of lawsuits. Their article, “The Rising Prevalence of Dietary Supplement Class Action Lawsuits” highlights two types of class action lawsuits most commonly brought against dietary supplement companies today: those based on false advertising, and those based on misbranding – with both types of lawsuits centering on the issue that consumers were defrauded into purchasing the product.

The article offers an important overview of the differences between class action lawsuits and personal injury lawsuits, and the impact that each type of lawsuit has within the dietary supplement industry. In addition, the article goes into important details surrounding the differences between the two different types of class action lawsuits – and what supplement companies need to do to ensure they are in full compliance with current regulations and guidelines in order to protect themselves from the threat of any type of potential class action lawsuit.

In discussing false advertising class action lawsuits, Jay and Alan address the critical issue of claim substantiation– noting that the standard for substantiation is “competent and reliable scientific evidence” based on the FTC’s current requirements surrounding dietary supplement claims. The article further points out the importance of supplement companies using equal or greater dosages as those used in the studies that support their claims, noting that many class action lawsuits surrounding false advertising result from claims based on studies that used higher dosages than the product actually contains. In addition, in discussing misbranding lawsuits as the second type of class action lawsuits facing the supplement industry, the article points out the importance of ensuring that ingredients in the product meet the current definition of dietary ingredients and can be labelled as dietary supplements, noting the DSHEA definition of dietary supplements and dietary ingredients.

With class action lawsuits continuing to be a growing threat to many dietary supplement companies, the article provides an important overview of this timely topic facing many in the industry today. For more information and to read the full article on Natural Products Insider, click here: https://www.naturalproductsinsider.com/regulatory/rising-prevalence-dietary-supplement-class-action-lawsuits; in addition, to discuss any questions that you might have surrounding reducing your company’s risk for a class action lawsuit and ensuring that you are in full compliance with all current legal guidelines when formulating and advertising a new product, call us anytime at 516-294-0300, or email us at [email protected].