Nutricost Misrepresents Magnesium Content of Dietary Supplements, Class Action Claims

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action claims Nutricost has misled consumers by falsely advertising that a two-capsule serving of its magnesium dietary supplement contains 420 milligrams of magnesium glycinate.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 23-page lawsuit says that despite prominent representations on the supplement’s front and back labels, in particular that each two-capsule serving contains 420 milligrams of magnesium glycinate, it is “physically impossible” to fit that amount of magnesium derived from magnesium glycinate in the capsules used by Nutricost.

The suit argues that approximately 3,000 milligrams of magnesium glycinate would be needed to provide 420 milligrams of magnesium, but the size 00 capsules used by Nutricost for a recommended serving of its supplement “cannot physically fit 3,000 [milligrams] of powder regardless of its density,” particularly as the capsules also contain other ingredients that further lower the magnesium content.

The case contends that, in light of the foregoing, the supplements at issue may contain magnesium derived from another source, such as magnesium oxide—an “inferior and less desirable” source that nevertheless has a higher concentration of magnesium than magnesium glycinate.

According to the complaint, the supplement’s alleged mislabeling violates state law as well as the federal Food, Drug, and Cosmetic Act, which declares that a food products is misbranded if its label includes a false or misleading statement.

The plaintiff, a New York resident, claims she would not have paid as much for the magnesium glycinate supplements, or purchased them at all, had she known “the true nature and composition of the magnesium content.”

The lawsuit looks to represent anyone in the United States who purchased Nutricost magnesium glycinate supplements at any time since August 25, 2019.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.