WQ and BJO&L Filed Class Action Suit Against General Nutrition Corporation

Posted by on Feb 10, 2015 in Class Action Consumer Rights | No Comments

Weil Quaranta, PC of Miami and Babbitt, Johnson, Osborne & Le Clainche of West Palm Beach Florida have filed a federal class action suit against General Nutrition Corporation (GNC), alleging deception in the herbal supplement market. Read the full press release here.

The suit was filed on behalf of consumers around the nation who purchased four herbal supplements sold at GNC stores. It was the first class-action federal suit filed in the Southeast since the New York State Attorney General’s office issued a Feb. 2 Cease-and-Desist notification against GNC to stop selling adulterated or mislabeled supplements.

The 17-page lawsuit filed in the U.S. District Court for the Southern District of Florida cites GNC for fraudulently mislabeling the following “Herbal Plus” dietary supplement products:

  • GNC Plus Gingko Biloba
  • GNC Herbal Plus St. John’s Wort
  • GNC Herbal Plus Ginseng
  • GNC Herbal Plus Echinacea

“GNC’s products are not medicinal herbal supplements as they claim,” the lawsuit says. “Instead the supplements fail to contain any of the active ingredients represented by both the products’ names and label. As such, the supplements Defendants sell their customers are a sham.”

“When products are not what they purport to be, the producer and seller deserve to be held accountable,” said Weil Quaranta Partner John M. Quaranta. “The New York report suggests a possible spreading infection in the $6-billion herbal industry.”

“This is more than a matter of mislabeling or even fraud. This is a potential public danger,” said Babbitt Johnson Partner Theodore Babbitt. “Unlabeled ingredients such as wheat or any number of contaminants can harm people with allergies or aversions.”

Concerned consumers who purchased the products above should email krodriguez@weilquaranta.net or call 305-372-5352 and ask for Kristine Rodriguez.