An Illinois man alleges that he was exposed to toxins, including arsenic, cadmium, and lead, which were in The Vitamin Shoppe’s daily vitamin supplement. The complaint was filed by Harvey Mahler in the Circuit Court of Cook County but is now pending in the United States District Court for the Northern District of Illinois.
The lawsuit presents claims against the manufacturer and the distributor, The Vitamin Shoppe, indicating that the Plaintiff Mahler developed medical problems, among other things, numbness in extremities after taking Defendant’s vitamin supplements. Plaintiff Mahler presents claims of manufacturing defect, failure to warn, design defect, negligence, breach of warranty, and negligent misrepresentation. The lawsuit seeks monetary damages and alleges that Defendant knew the risks associated with the daily vitamin supplement.
Today, the dietary supplement industry has become a $40 billion market comprising approximately 80,000 products. With such growth in the market, FDA made an announcement in February 2019 that it will likely undertake a massive overhaul of the regulation of dietary supplements. In fact, to kick off the campaign, FDA sent 12 warning letters and 5 online advisory letters to companies making and selling supplements that claim to prevent, treat, or cure diseases such as Alzheimer’s, and health conditions, including diabetes and cancer. However, despite FDA’s recent effort to regulate the industry, there still exists a number of serious health concerns that have emerged including, but not limited to, potentially unsafe ingredients, and fraudulent/misleading marketing efforts.
The sale of dietary supplements touches on both the FTC Act and the FDA’s Dietary Supplement Health and Education Act of 1994. Therefore, it is imperative to work with attorneys who have in-depth knowledge about the laws and the recent developments in the industry. Frier Levitt regularly provides legal and regulatory advice on the formulation, labeling, promotion, and marketing of dietary supplement products to manufacturers, distributors, and retailers. If you have a legal matter or question pertaining to dietary vitamin and food supplement law, contact Frier Levitt today.