Class Action

Guest article

Beware of Bots and AI: Minimizing the risk of fraudulent claims in class action settlements

18-Aug-2023 By Elizabeth Chiarello and Julie Becker, Products Liability & Mass Torts Litigation group, Sidley

In this guest article, Elizabeth Chiarello and Julie Becker from Sidley’s Products Liability & Mass Torts Litigation group, provide actionable guidance to help functional food and supplement companies minimize risks associated with a new form of fraud...

Proposed suit alleges Amazon selling “illegal drugs masquerading as therapeutic dietary supplements”

07-Feb-2023 By Danielle Masterson

Big name brands, “illegal drugs” and a formidable opponent to the supplement industry: it has all the underpinnings of a dramatic suit— but does it hold water?

Amin Talati Wasserman opens LA office to address growth of California class actions

22-Jun-2021 By Stephen Daniells

With class actions against food and beverage companies are up nearly 400% since 2010 and California ground zero for many such actions, Amin Talati Wasserman has opened an office in LA to better serve its clients litigation needs.

Appeals court decision, recent warning letters open door for more CBD suits

04-Dec-2019 By Hank Schultz

A recent appellate court decision coupled with a spate of warning letters sets the stage for more class action lawsuits like the proposed ones filed against CBD companies this week, experts say.

Watch this case: 11th Circuit concludes ‘adulterated’ supplements are worthless and this economic loss is sufficient to sue

25-Nov-2019 By Stephen Daniells

The Court of Appeals for the Eleventh Circuit has paved the way for a potential class action against a supplement brand because of the alleged presence of an illegal ingredient, which rendered the product worthless and gave the plaintiffs standing to...

Supplement subscriptions: 5 things you need to know about subscription laws

14-Jun-2018 By Adi Menayang

From clear information on how to cancel to sending confirmations that consumers can keep, here are some things to know if you’re in the online subscription business.

Plaintiffs law firms putting increasing pressure on claims precision

16-Oct-2017 By Hank Schultz

Attention to detail on labelling and claims issues is critical to avoiding potential class action settlements, an attorney told an industry gathering recently.

Judge dismisses suit that questioned substantiation for Bayer's probiotic claims

24-Apr-2017 By Hank Schultz

Bayer has had what some observers called a “quick win” in the dismissal of a class action lawsuit filed in New Jersey over claims on its Phillips Colon Health probiotic supplement.

ConAgra dealt blow by ninth circuit in '100% natural' case, but its wider significance is less clear, say experts

04-Jan-2017 By Elaine Watson

A hotly-anticipated opinion by the US court of appeals for the ninth circuit in a high-profile false advertising case, contains bad news for defendant ConAgra Foods (now ConAgra Brands), but may prove to be of less significance to other food manufacturers,...

Class actions have become sad part of doing business, attorney says

18-Oct-2016 By Hank Schultz

Having to deal with class actions suits has become an unfortunate fact of life for many dietary supplement companies, an attorney says.

IASC says global aloe market continues to expand

26-Sep-2016 By Hank Schultz

Despite recent regulatory slings and arrows the aloe market continues to expand, a trade organization representative said.

What next for 'natural' claims? KIND urges court to leave issue with the FDA

25-Apr-2016 By Elaine Watson

Snack maker KIND – which faced a wave of false advertising lawsuits* last year over its use of the terms ‘healthy’ and ‘all-natural’ – has urged a New York court to stay or dismiss the cases on primary jurisdiction grounds until the FDA official weighs...

Post-NYAG class action wave more like a ripple, attorney says

31-Mar-2016 By Hank Schultz

The flood of class actions suits anticipated in the wake of the NYAG affair has for the most part failed to materialize, an attorney who specializes in the sector said.

Beazley turns up competition in insurance realm with new program specific to supplement companies

22-Apr-2015 By Hank Schultz

Another competitor has arrived in the specialized sphere of insurance for dietary supplement companies in the United States with a new program offered by Beazley Group, a worldwide insurance provider with headquarters in the United Kingdom.

Perrigo settles latest of glucosamine class action suits

27-Mar-2015 By Hank Schultz

A recent class action settlement will affect the way certain glucosamine supplements are marketed. The most recent settlement applies to the labeling of supplements sold by Walmart, Supervalu and Walgreens.

Formation of AG coalition could give rise to more class action suits, expert says

11-Mar-2015 By Hank Schultz

The potential widening of the New York Attorney General affair means more class action lawsuits could be filed in states whose AGs have joined in a coalition with NY AG Eric Schneiderman, an expert says.

‘Death by a thousand cuts’? Class actions follow NY AG’s herbal supplements ‘sting’

12-Feb-2015 By Stephen Daniells

It was only a matter of time… Class actions against some of the retailers involved in the recent investigation by the New York Attorney General have been started across the country, from Florida to Illinois, and from Washington to California.

POM v Coca-Cola false advertising spat heads to Supreme Court, but what does this mean for your label?

18-Apr-2014 By Elaine Watson

It’s not quite as dramatic as the Oscar Pistorius trial, but in the world of food law, a false advertising case brought by POM Wonderful against rival Coca-Cola is being followed just as closely. And all eyes will be on the Supreme Court on Monday, when...

GMOs and natural claims: ‘FDA is losing credibility with industry, consumers and the international community by ignoring key food labeling controversies’, says attorney

12-Sep-2013 By Elaine WATSON

Is it too risky to label products that may contain ingredients from genetically engineered crops as ‘all-natural’? And will the FDA step in and decide this issue so consumer class action lawsuits over this issue stop clogging up the court system?

NBTY posts modest rise in Q3 sales, proposed settlement of glucosamine lawsuits up for court approval in September

08-Aug-2013 By Elaine WATSON

Supplements giant NBTY generated modest sales growth in the third quarter of 2013, with strong growth in branded supplements partially offset by a decline in private label and contract manufacturing sales.

AHPA recommends changing Prop 65 warnings

03-Jul-2013 By Hank Schultz

The American Herbal Products Association has weighed in on draft proposals to amend California’s Proposition 65. Among the group’s recommendations are changes to the language of the warnings mandated under the law.

Lawsuit against dendrobium-containing supplement dismissed

11-Feb-2013 By Hank Schultz

Driven Sports, maker of the preworkout supplement Craze, announced that a class action lawsuit against the product has been dismissed.

USPLabs sets aside $2m to settle DMAA class action cases

22-Jan-2013 By Elaine WATSON

After a tidal wave of lawsuits and months of heated debate about the regulatory status of the stimulant DMAA (1,3-Dimethylamylamine), USPLabs has agreed to settle a nationwide class action suit challenging the legality and safety of its top-selling DMAA...

Organizers confident Washington state non-GMO initiative will hit signature goal

17-Dec-2012 By Hank Schultz

A Washington state ballot initiative that seeks to require GMO labeling is nearing its goal of 320,000 signatures, a goal organizers are confident that it will reach.

Sensa satiety crystals maker settles two false advertising lawsuits

27-Nov-2012 By Hank Schultz

The manufacturer of Sensa satiety crystals has agreed to settlements in two cases alleging false advertising. In one case the company settled a false advertising lawsuit filed by several California district attorneys. In the other, the company agreed...

Nutrex Research hits back v DMAA lawsuits: ‘Plaintiffs did not suffer any injury’

05-Jul-2012 By Elaine Watson

Supplement maker Nutrex Research has hit back at allegations made in two class action lawsuits filed in the wake of the FDA crackdown on controversial pre-workout stimulant DMAA (1,3-Dimethylamylamine).

Dendrobium-containing Craze pre-workout supplement hit with CA class action

21-May-2012 By Stephen Daniells

Tipped by many as the heir apparent to DMAA supplements in the pre-workout category, the dietary supplement Craze is the latest to be hit with a class action in the State of California.

Allmax Nutrition, BPI Sports and DynaPep Corp targeted in latest wave of class action suits over DMAA

09-May-2012 By Elaine Watson

Allmax Nutrition (Razor8Blast Powder); BPI Sports (Roxylean and 1.M.R.); and DynaPep Corporation (DynaPep Energy) are the latest firms to be targeted in class action complaints alleging their products contain DMAA (1,3-Dimethylamylamine) in a synthetic...

DMAA latest: 14 class action suits now filed by CA law firm - but speed may not be of the essence, predicts expert

04-May-2012 By Elaine Watson

The law firm responsible for the flurry of class action lawsuits against 10 firms named by the FDA in its DMAA crackdown last week has now targeted four other firms selling products containing the stimulant.

Is the DMAA crackdown an enforcement of the NDI draft guidance?

02-May-2012 By Elaine Watson

In warning letters sent as part of its recent crackdown on DMAA, the FDA says “synthetically produced DMAA is not a dietary ingredient and, therefore, is not eligible to be used as an active ingredient in a dietary supplement”.

FDA DMAA crackdown prompts fresh wave of class action lawsuits

01-May-2012 By Elaine Watson

UPDATED May 3 - All 10 recipients of FDA warning letters over supplements containing DMAA (1,3-Dimethylamylamine) have now been targeted in a new wave of class action lawsuits in California alleging their products contain DMAA in a synthetic form that...

Improper nutrient content claims cited in new wave of class action suits

19-Apr-2012 By Elaine Watson

With class action lawsuits alleging labeling violations now “filed almost daily in California”, food manufacturers are spending “hundreds of thousands of dollars in legal fees and settlement amounts” to resolve cases that are entirely avoidable, according...

Dispatches from IFT Wellness 2012

Could EU claims crackdown provide US plaintiffs’ attorneys with ammo for new wave of class actions?

30-Mar-2012 By Elaine Watson

The EU crackdown on health claims is unlikely to impact on US regulators, but it could provide ammunition to opportunistic plaintiffs’ attorneys this side of the Atlantic, experts have warned.

Quote/Unquote: DMAA, class actions and brain food… The best of Nutracon, Engredea & Expo West

14-Mar-2012 By Elaine Watson

If you didn’t make it to Anaheim – or were too busy manning your booth to check out what the competition was up to - we’ve plucked some pearls of wisdom from the podium at Nutracon and the exhibit halls at Expo West for your reading pleasure…

POM under fire again in class action suit over deceptive claims

20-Feb-2012 By Elaine Watson

POM Wonderful has come under fire again for allegedly misleading and deceiving consumers about the health benefits of its antioxidant-packed wares in a new class action lawsuit.

GNC: There is no scientific evidence to prove causal link between DMAA and AERs

06-Jan-2012 By Elaine Watson

GNC has weighed into the debate over the stimulant DMAA (1,3-Dimethylamylamine) following the recall of DMAA-containing products from stores on military bases while the Department of Defense conducts a probe into its safety.

Class action lawsuits set to ‘explode’ in health claims arena

01-Apr-2011 By Elaine Watson

A potent combination of lawyers on the make, a rise in activism from consumer lobby groups and food manufacturers pushing the envelope with more aggressive health claims is set to prompt an “explosion” in class action lawsuits in the coming years, according...