Supplement Scam Lawsuit

Attorneys are currently investigating reports that multiple brands of herbal supplements were inaccurately labeled and would like to hear from anyone who has bought or taken these products. According to a report commissioned by the New York State Attorney General, certain store-brand supplements sold by four national retailers – GNC, Target, Walgreens and Wal-Mart – do not actually contain many of the herbs advertised on their labels. In addition, potential allergens and ingredients not identified on the supplements’ labels were found in several store-brand products, according to the report.

Have you bought herbal supplements sold by GNC, Target, Walgreens or Wal-mart? Do you suspect the products are not what they claim to be? You may be able to take part in a lawsuit to get your money back.

Which Supplements Are Affected?

Attorneys would like to hear from consumers who purchased any of the following supplements in light of reports that these products are not what they claim:

GNC

“Herbal Plus” supplements:

• Ginkgo Biloba
• St. John’s Wort
• Ginseng
• Garlic
• Echinacea
• Saw Palmetto

Target

“Up & Up” supplements:

• Ginkgo Biloba
• St. John’s Wort
• Valerian Root
• Garlic
• Echinacea
• Saw Palmetto

Walgreens

“Finest Nutrition” supplements:

• Ginkgo Biloba
• St. John’s Wort
• Ginseng
• Garlic
• Echinacea
• Saw Palmetto

Wal-Mart

“Spring Valley” supplements:

• Ginkgo Biloba
• St. John’s Wort
• Ginseng
• Garlic
• Echinacea
• Saw Palmetto

NY Attorney General Orders Retailers to Stop Selling Supplements

On February 2, 2015, the New York State Attorney General sent GNC, Target, Walgreens and Wal-mart “cease and desist” notices ordering them to stop selling certain herbal supplements. The notices were sent after the Attorney General’s office conducted an investigation into herbal supplements that analyzed their content, labels and advertising. According to the cease and desist notice, the investigation was initiated because “the topic of purity (or lack thereof) in popular herbal dietary supplements has raised serious public health and safety concerns[…]”. Consumeraffairs.com also points out that:

“The Attorney General’s investigation follows a study conducted by the University of Guelph in 2013 that also found contamination and substitution in herbal products in most of the products tested.”

What Exactly Did the Investigation Find?

The results of the investigation were two-fold: first, supplements were found to contain “unrecognizable” ingredients, as well as substances other than those listed on the label. Secondly, the supplements were found to contain no actual DNA traces of the primary herb being advertised as the supplements’ source.

The investigation included DNA testing of multiple samples, meaning a high degree of accuracy was guaranteed. Worryingly, many herbal supplements returned no traces of plant DNA whatsoever. For instance, for Ginseng supplements sold by GNC, the investigation found the following:

Ginseng: Negative. No ginseng DNA was identified. The testing yielded identification of oryza, dracaena, pinus strobus, wheat/grass, and citrus spp., with 15 of the tests identifying no genetic material at all.

What Can I Do?

If you bought these herbal supplements, you may be able to join a potential class action lawsuit. You may be able to get your money back for purchasing supplements that were not what they claimed to be.

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