Deceptive Marketing Lawsuits
Americans spend billions annually on dietary supplements, trusting that product labels accurately represent what’s inside each bottle. Unfortunately, investigations repeatedly reveal widespread mislabeling throughout the supplement industry. When manufacturers deceive consumers about ingredients, potency, or health benefits, legal remedies exist to pursue compensation and accountability.
The Pervasive Problem of Inaccurate Supplement Labels
Recent studies have exposed alarming gaps between what supplement labels promise and what products actually contain. Independent laboratory testing frequently discovers missing ingredients, contaminated products, or substances present in amounts drastically different from label claims. Some supplements contain none of the advertised active ingredients, while others include unlisted fillers or even dangerous compounds.
Unlike pharmaceutical medications, dietary supplements face minimal pre-market regulatory scrutiny. Manufacturers can bring products to market without proving safety or efficacy to federal authorities. This regulatory gap creates opportunities for unscrupulous companies to mislead consumers through inaccurate labeling.
Therefore, supplement mislabeling lawsuits are on the rise. Due to growing evidence that their dietary and herbal supplements like gingko, ginseng, and Echinacea were not properly labeled, the New York State Attorney General’s office issued cease-and-desist letters requiring GNC, Target, Walgreens, and Wal-Mart to stop selling certain products.
An investigation by the state found that independent testing of some supplements do not contain the ingredients on the labels.
Some supplements even contain allergens off the ingredients list like wheat and beans. According to the complaint, only about 20 percent of dietary and herbal supplements sold in tested products contained the medicinal herbs listed on the products.
Many of the supplements tested contained fillers like powdered rice, powdered legumes, mustard, radish, peas, and wild carrots, asparagus and houseplants, according to the New York Times article. Herbal supplements were tested from the following outlets:
- GNC—Herbal Plus supplements
- Target—Up & Up supplements
- Walgreens—Finest Nutrition supplements
- Wal-Mart—Spring Valley supplements
Consumer Protection & Supplement Mislabeling Lawsuits
Americans spend billions each year on dietary and herbal supplements and much of it may be completely wasted. Walgreens and Target agreed to remove some supplements from their shelves after pressure from product liability lawyers and class action herbal supplement mislabeling lawsuits gaining traction.
A large issue hovering over dietary supplement litigation is the lack of federal oversight. The current regulatory system does not ensure that herbal supplements are safe for consumers, and the FDA does not require approval before supplements are released.
Rather, manufacturers and retailers are responsible for determining the safety of dietary supplements they produce and distribute. This has led to false advertising and bogus products in many cases.
Walmart is recently the target of a class-action lawsuit claiming that their glucosamine sulfate dietary supplement tablets are mislabeled. Plaintiffs argue the product contains a mixture of glucosamine hydrochloride and potassium sulfate.
The argument states Walmart intentionally used the inferior ingredients to save on costs. The false supplement advertising class action lawsuit claims Walmart intentionally misrepresented and mislabeled the supplement. Attorneys seek damages based on consumer protection laws.
In a recent string of lawsuits, Prevagen has been targeted for misleading consumers. Attorneys have filed lawsuits saying the company has relied on little evidence to make claims that their product benefits consumers.
Joe Lyon is an experienced consumer protection attorney and product liability lawyer reviewing supplement mislabeling lawsuits for plaintiffs nationwide.
Protein Powders Mislabeled
Several class action supplement mislabeling lawsuits accuse companies of selling workout supplements full of cheap fillers and little protein. Protein sports supplements are a $7 billion industry, and many of the products are unregulated.
CVS Health, Giant Sports, 4 Dimension Nutrition, NBTY, Inner Armour and MusclePharm and other protein powder producers are under fire after evidence surfaced that the companies are allegedly misrepresenting the contents of their product.
Some third-party tests noted in the lawsuits show companies fill protein powder tubs with cheaper free form amino acids like glycine, taurine, leucine, isoleucine, valine and betaine in lieu of protein. Plaintiffs call the marketing practices false, fraudulent, unfair, deceptive and misleading.

Class Action CBD Lawsuits
Class action lawsuits have been filed against CBD supplement companies for allegedly engaging in deceptive marketing campaigns. Plaintiffs say some CBD companies have failed to properly test their products, have mislabeled CBD oils, downplayed the risks of their product, and highly overhyped the health benefits of CBD supplements without providing any evidence of long-term health benefits.
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Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
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Common Forms of Supplement Label Deception
Mislabeling manifests in various ways across the supplement marketplace. Understanding these deceptive practices helps consumers recognize when they may have valid legal claims.
- Ingredient Fraud: Products claiming to contain premium ingredients like ginkgo biloba, St. John’s wort, or echinacea sometimes contain none of these substances. Instead, manufacturers use cheap fillers like rice powder or ground houseplants while charging prices reflecting expensive botanical extracts.
- Potency Misrepresentation: Labels might advertise specific milligram amounts of active ingredients that testing reveals are significantly lower—or completely absent. A product claiming 1000mg of a vitamin might contain only 100mg or none at all.
- Contamination Issues: Some supplements contain undisclosed substances including prescription medications, heavy metals, pesticides, or banned performance-enhancing drugs. Athletes have tested positive for prohibited substances after unknowingly consuming contaminated supplements marketed as natural products.
- False Health Claims: Manufacturers often make exaggerated or unsupported assertions about health benefits. Claims that products cure diseases, guarantee weight loss, or provide specific medical benefits frequently lack scientific backing and violate federal marketing regulations.
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Damages Recoverable in Supplement Mislabeling Cases
Successful plaintiffs in supplement lawsuits can obtain various forms of compensation depending on their specific circumstances and the applicable legal theories.
Economic damages include the purchase price of mislabeled products. When consumers pay premium prices for supplements that don’t contain advertised ingredients, they deserve refunds. If consumers purchased products repeatedly over extended periods, these amounts can become substantial.
Medical expenses resulting from contaminated or mislabeled supplements provide another category of recoverable damages. Treatment costs for adverse reactions, allergic responses, or complications from undisclosed ingredients qualify for compensation.
When mislabeling causes serious health consequences, pain and suffering damages may be available. Physical injuries, emotional distress from health complications, or anxiety about exposure to dangerous substances all constitute compensable harm.
Class action lawsuits often pursue injunctive relief requiring manufacturers to correct labeling, implement quality control procedures, or fund independent testing programs. These remedies benefit all consumers, not just named plaintiffs.
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