Fighting Back Against Unethical Dietary Supplement Manufacturers

In recent years, dietary supplements have risen in popularity across the country. Supplements can come in a variety of forms, including tablets, capsules, drinks, powders and gummies. With flashy marketing and promises of transformative results, it is easy to fall into the trap these unethical companies lay for consumers.

If you are the victim of these companies, their dangerous products and their dubious promises, our attorneys at Tiedt & Hurd can help you file a claim. Dietary supplement litigation is a niche and complex area of law that requires an experienced attorney to help your claim succeed. Our Corona lawyers will take the time to listen to your story and fully investigate your situation to determine if you have a legitimate claim.

When The Promise Of Better Health Causes You Harm

Dietary supplements can include vitamins, herbs, amino acids, enzymes and other ingredients that can have a strong impact on your health when taken in high quantities. For example, consuming too much vitamin A can cause liver damage, headaches and birth defects.

Side effects from dietary supplements may include:

  • Damage to internal organs
  • Birth defects
  • Bone loss
  • Depression
  • Anxiety
  • Suicidal thoughts

The FDA regulation of dietary supplements follows a different set of rules than the regulation of prescription or over-the-counter medications. This means that there is not the same level of oversight for all aspects of dietary supplement products. While manufacturers are supposed to follow certain rules to ensure the safety of their products, many of them print misleading labels and do not regulate the cleanliness of their factories.

What Are Common Herbal Supplements And Dietary Products?

This is an always-evolving list as more products and herbal supplements come on the market. The exact harm that they may cause differs from case to case. That said, some of the most common supplements – and ingredients within supplement blends – are as follows:

  • Ephedrine: Used for nasal congestion, asthma treatment and more. This is an area where attorney John E. Tiedt has extensive experience.
  • Yohimbe: Used for weight loss and erectile dysfunction.
  • Chromium Picolinate: Used for weight loss and metabolism.
  • Kratom: Purported to produce effects like stimulants but linked to issues like seizures and liver toxicity.
  • Ginkgo biloba: Used for inflammation, eye health and more. Known as an antioxidant.
  • John’s Wort: Used as a potential treatment for depression, though with the potential for serious side effects.
  • Ginseng: Used for immune system treatment, metabolism and blood sugar issues. Often found in energy drinks.
  • Garlic: Used for blood pressure, high cholesterol and immune system support.
  • Echinacea: Used for common ailments like a cough, a fever or the common cold.
  • Saw palmetto: Used for a wide variety of issues, including reproductive issues, coughs and urinary symptoms.
  • Valerian root: Often used as a sleep aid.

Many people take supplements while focusing only on the potential benefits, such as improved sleep or immune support. However, it is important to consider the ramifications, especially when taking these supplements long-term. Some may have negative side effects that outweigh the benefits the user was initially seeking. Moreover, users may not have been informed about these risks and may not fully understand the potential harm they are exposing themselves to.

Common Brands In The United States

There are many different brand names for these products and supplements distributed by a wide range of companies. The internet makes it easier than ever to find brands all over the world, with various levels of regulation. Here are some of the most common brands people tend to use in the United States, along with some of the stores where they are often stocked:

  • GNC brand Herbal Plus
  • Walgreens brand Finest Nutrition
  • Target brand up&up
  • Walmart brand Spring Valley
  • The Vitamin Shoppe
  • Balance of Nature
  • Neptune’s Fix
  • 5 Star Nutrition

If you have taken a dietary supplement and experienced harm, or if a family member has, then you need to understand exactly what legal steps to take. People often assume that herbal supplements are always safe and regulated like medications, but that is rarely the case. Make sure you know your rights and consider the legal steps to take at this time.

Frequently Asked Questions About Dietary Supplement Litigation

Dietary supplement litigation is still relatively unfamiliar to a lot of people. Here are some of the questions our lawyers hear most often:

How do I know if I have a case against a dietary supplement manufacturer or distributor?

If you have suffered harm, injury or damages from using a dietary supplement, you may have grounds to pursue legal action. Common issues to consider can include:

  • False advertising claims: Did the dietary supplement company make misleading or exaggerated claims about the product’s benefits?
  • Undisclosed ingredients: Were there ingredients in the supplement not listed on the label, potentially causing an undisclosed health risk?
  • Failure to meet safety standards: Did the manufacturer fail to follow proper quality control and safety protocols?

If your answer is yes to any of these questions, you may have a case.

What should I look for when choosing a lawyer for my dietary supplement case?

Here are some important factors to consider when looking for a dietary supplement case law firm:

  • Extensive knowledge of state and federal supplement regulations
  • Experience taking on major supplement companies
  • Dedication to client advocacy
  • Passionate and knowledgeable approach

Ask about their case strategy, resources and client testimonials to ensure they fit your legal needs.

How do state and federal laws differ in regulating dietary supplements?

Federal law classifies dietary supplements as food, not drugs. This means manufacturers don’t need the Food and Drug Administration (FDA) approval before selling them.

However, the FDA can take action against supplements with unsafe ingredients or misleading labeling. States can impose additional regulations for dietary supplements beyond federal rules, such as packaging, labeling and registration.

What’s the difference between food supplements vs. dietary supplements?

Food supplements are considered foods and are subject to more stringent orders and oversight by the FDA. Dietary supplements fall under the more lenient Dietary Supplement Health and Education Act of 1994 (DSHEA) regulations and include vitamins, minerals, herbs, amino acids and other substances expected to supplement the diet.

What legal protections do consumers have when it comes to dietary supplements?

The law requires manufacturers to follow labeling requirements, avoid false claims and ensure product safety. If harmed by a supplement, consumers may have grounds to pursue legal action against the company for damages.

What problems can dietary supplements cause?

Dietary supplements can pose risks due to the absence of mandatory safety testing and Food and Drug Administration (FDA) approval before market release. Issues include undisclosed adverse effects, unregulated pill sizes (a risk for older individuals) and a multitude of other serious health consequences, including:

  • Reduced bone strength
  • Fetal abnormalities
  • Liver and other organ damage
  • Nervous system damage

In many cases, the damage from dietary supplements can be permanent.

How often do dietary supplements cause harm?

The frequency of harm caused by dietary supplements varies. Adverse effects can occur due to factors like
  • Unregulated formulations
  • Interactions with medications
  • Excessive dosing

The extent of harm depends on individual health conditions, the specific supplement and adherence to usage guidelines.

How closely are dietary supplements regulated?

The FDA oversees dietary supplements, but its regulatory role mainly comes into play post-market. It focuses on ensuring safety, proper manufacturing and accurate labeling. Additionally, it enforces laws and regulations governing dietary supplements to uphold standards in the industry. However, companies can often sell supplements without FDA notification.

Does "natural" mean it is safe to use a dietary supplement?

No, the term “natural” does not guarantee the safety of a dietary supplement. While some natural supplements can be safe, others may still pose risks or have side effects.

What are "red flags" that a product is fraudulent?

Red flags indicating a fraudulent product include:
  • Exaggerated claims
  • Promises of miraculous results
  • Lack of scientific backing
  • Undisclosed ingredients
  • Poor online reviews
  • Absence of contact information or customer support.

You should be cautious if the product is marketed as a quick fix or if the seller pressures you with limited-time offers.

Work With A Law Firm That Understands Dietary Supplement Cases

Working with an experienced personal injury lawyer on your dietary supplement claim can make a huge difference in the outcome of your case. To learn more about the dietary supplement litigation process, call our attorneys at 855-717-5529 or fill out an online contact form. From our office in Corona, we can assist clients throughout California and nationwide in dietary supplement claims.