SUPPLEMENT MISLABELING 


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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 Ohio 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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Without class actions, large corporate defendants would be able to cause small amounts of harm over a large group of individuals without any risk of monetary penalty.

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Questions About Class Action Lawsuits

What is a Class Action Lawsuit?

A Class Action is a lawsuit brought by an individual on behalf of all other similarly situated individuals. Rule 23 of the Federal and State Rules of Civil Procedure allows for Class Action lawsuits to resolve disputes in an efficient format.

Class Actions are typically filed when the amount of money in dispute for a single plaintiff would not justify litigating the case, but where the amount of damages of the entire class of Plaintiffs would justify the cost of litigation. Without class actions, large corporate defendants would be able to cause small amounts of harm over a large group of individuals without any risk of monetary penalty.

What is the difference between a Class Action & a Mass Tort?

A Class Action lawsuit involves a large group of people that have experienced extremely similar outcomes. Because the cases must meet the strict guidelines of the Class Action, they are presented under one plaintiff. 

In a Mass Tort, individual experiences may vary. Even though a large number of people have been affected, the variations from case to case are more broad than a class action. In a Mass Tort each plaintiff is represented independently, though in most instances there is still a set of general criteria to meet.

What are the requirements?

In order for a case to be certified as a Class Action, the Court must determine that the case is appropriate for class action treatment under Rule 23. There are different elements depending on whether the case is seeking monetary or injunctive relief. In general, the Court must find the following elements are satisfied:

  • Numerosity: The proposed class must be so numerous that simply joining the individual plaintiffs would be impractical. Generally, the class size should exceed 100 individuals.
  • Common Questions of Law or Fact: The facts and/or legal questions in the dispute must be common to all class members. This does not mean all facts or issues must be identical, but the primary facts and law that will determine the issue in dispute must be common among all class members.
  • Typicality: The named Plaintiff in the case must have the same facts and legal issues as the class they are proposing to represent. If the Plaintiff’s individual case involves issues of fact or law unique to that Plaintiff and are irrelevant to the ultimate issue, class certification may be denied by the Court.
  • Plaintiff/Counsel Adequately Represents the Class: The Court must find that the Plaintiff and Plaintiff’s Counsel are competent and will protect the class’ interests.
  • Predominance: Common questions of fact predominate over individual facts.
  • Superiority: The Class Action is a more efficient and fair means of resolving the dispute. The Court will look at the following factors when making this determination: (1) Class Member interest in maintaining a separate action; (2) the extent of any litigation already begun by other class members; (3) desirability or undesirability of litigating the case in a particular Court ; (4) difficulties in managing the class.
What counts as a class action?

Medical Device Litigation, Pharmaceutical Litigation, and other toxic tort litigation is not appropriate for Class Action treatment. Specifically, cases that involve injuries to the parties contain too many individual facts in terms of the science and causation to find that the common issues predominate over the individual facts.

On the other hand, complex litigation that impacts many individuals and contain common questions of fact related to the conduct of the defendant are often appropriate for mass tort consolidation. Mass Tort consolidation in federal multi-district litigation or a State mass tort docket, allows the parties to utilize the efficiency of class action litigation through the discovery process but still allows the parties to litigate their cases individually on the critical issues of whether the conduct caused the alleged injuries.

While our human bodies are very similar, each individual’s body may have reacted differently to the toxic exposure that makes Class Action treatment inappropriate in most personal injury lawsuits.

Some toxic tort areas that may be beneficial for class action lawsuits can involve environmental contamination. When companies are negligent and contaminate large swaths of private property. Public nuisance lawsuits have been filed against negligent agricultural operations of fracking companies.

Why Hire the Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Class Action Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Class Action lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence cases.  The cases have involved successfully litigating against some of  the largest companies in the world

Your Right to Justice

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Filing Class Action lawsuits is a complex and serious legal course and can carry monetary sanctions if proper legal course is not followed. The Lyon Firm is dedicated to assisting injured plaintiffs work toward a financial solution to assist in compensating for medical expenses or other damages sustained.

We work with law firms across the country to provide the most resources possible and to build your case into a valuable settlement. The current legal environment is favorable for consumers involved in data breach class actions, deceptive marketing lawsuits, TCPA telemarketing claims, and financial negligence claims.

Recent Class Action Cases

We work with law firms across the country to provide the most resources possible and to build your case into a valuable settlement. 

Ohio Data Breach & Privacy Lawsuits

Invasion of privacy law has been established to protect consumers and citizens of the United States. When companies are negligent and fail to protect consumer information, which can be used in malicious ways, victims can contact a class action attorney to represent them in class action data breach lawsuits. A number of privacy breach and data breach claims have been settled by The Lyon Firm and other consumer protection lawyers around the country.

Consumer Protection Class Action

Consumers have rights in the USA, and when companies do not provide a service they have promised, or hold up their end of a bargain, legal action may be necessary. Consumer protection attorneys work on your behalf to hold companies responsible for providing a fair and safe service.

The Lyon Firm has worked with law firms nationwide in consumer class actions involving deceptive marketing, false advertising, food mislabeling and misleading marketing claims.

TCPA Robocall Class Actions

TCPA lawsuits have become one of the most common kinds of legal claims. The TCPA Act provides privacy protection for consumers by restricting how companies and organizations can contact you by telephone. Robocall harassment and unfair debt collection has been a serious issue that has required lawsuits in order to keep telemarketing companies at bay.

If you have experienced telephone harassment by a bank, real estate company, hotel, political campaign or anyone else, you may have TCPA claim. The Lyon Firm works diligently to seek compensation for those harassed at their home or work.

Ohio Wage and Hour Lawsuits

Class action wage and hour lawsuits are always ongoing, as some employers fail to treat employees properly, and attempt to cut workers out of earned wages. Wage theft lawsuits can be valuable for a class of plaintiffs who believes their employer has cheated them out of overtime pay and other earned wages.

There have been several wage theft lawsuits and settlements that have compensated employees for the wages they have earned, as well as damages for emotional distress and punitive damages when an employer is negligent in treating workers in accordance to Ohio labor law.

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