Miracle Moo Colostrum Supplements Falsely Advertised as Scientifically, Pharmaceutically Legit, Class Action Lawsuit Says
Mosseri v. Miracle Moo, Inc.
Filed: May 2, 2024 ◆§ 1:24-cv-03414
The maker of Miracle Moo bovine colostrum supplements faces a proposed class action lawsuit that alleges the products are fraudulently advertised.
The maker of Miracle Moo bovine colostrum supplements faces a proposed class action lawsuit that alleges the products are fraudulently advertised with claims that they’re scientifically validated, “powered by science,” and “clinically dosed” to bolster immunity.
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The 27-page case alleges Miracle Moo, Inc., through a “deceitful” advertising scheme, has crafted a “false aura of scientific and pharmaceutical legitimacy” to sell its bovine colostrum products at a premium price, in violation of New York consumer protection law.
Per the case, the health and disease claims with which Miracle Moo supplements are advertised are not backed by valid clinical studies, and the disease claims themselves are improper and illegal given that they lack certain disclaimers mandated by the FDA and requiring the agency’s approval.
“In fact, … the existing body of scientific literature indicates that none of Defendant’s purported health benefits have been scientifically proven,” the complaint reads.
In light of the foregoing, Miracle Moo supplements, reportedly one of the most recommended products on TikTok, are considered unapproved and misbranded “new drugs” under the Federal Food, Drug, and Cosmetic Act, and thus illegal to sell and worthless, the lawsuit alleges.
“As a result of its deceptive conduct, Defendant is, and continues to be, unjustly enriched at the expense of its customers,” the filing claims.
Colostrum is a nutrient-rich pre-milk produced by all female mammals immediately after giving birth, the lawsuit explains. Colostrum is loaded with immune-boosting ingredients essential for newborns, and a recent marketing trend has seen colostrum dietary supplements targeted toward adults, the complaint relays.
According to the suit, Miracle Moo colostrum supplements are touted as able to enhance immunity, fortify the gut and immunity, repair a leaky gut, fight infections, reduce bloating, ease digestive issues, fight inflammation, induce hair growth, aid in muscle recovery and improve sleep and calmness, among other claims. The plaintiff and other consumers relied on these representations in deciding whether to buy the supplements and understood that the products, based on Miracle Moo’s claims, were scientifically and pharmaceutically validated and backed by clinical research, the case says.
In addition, the supplements’ packaging includes no disclaimer that the products have not been evaluated by the FDA or were not “intended to diagnose, treat, cure, or prevent any diseases,” the filing shares.
The lawsuit, citing a recent Truth In Advertising article about colostrum supplements, says Miracle Moo “does not point to a single study” to support its health and disease claims, and when asked by TIA to comment on the lack of evidence to back its efficacy claims, the defendant “chose not to,” the filing states.
“When reached out by [sic] Forbes, Defendant, again, ‘did not respond to multiple requests for comment, including on whether their supplements have been tested,’” the case adds.
According to the proposed class action, the current scientific consensus is that there exists no reliable scientific evidence or clinical trials to support the immune- or gut-health claims touted by Miracle Moo about the colostrum supplements.
The case contests that given the Miracle Moo advertising claims, the products are in fact “drugs,” not dietary supplements,” and are thus regulated by the FDA.
“Defendant has not filed an application with the FDA for approval of its Products, although they qualify as ‘new drugs,’” the suit relays. “As a result of the ‘absence of an approved new drug application,’ Defendant’s Products are ‘also misbranded under the [FDCA].’”
The lawsuit looks to cover all persons in the United States who, during the maximum period of time allowed by law, bought Miracle Moo colostrum dietary supplements for personal, family or household purposes, and not for resale.
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