Iovate Health Sciences, U.S.A., Inc. (Iovate) was sued yesterday by plaintiffs Eric Barnes and Katty Lopez over claims that the company violated the Dietary Supplement Health and Education Act of 1994 (DSHEA) through the production and advertising of their products HydroxyCut Hardcore, HydroxyCut Hardcore Elite, HydroxyCut Ultra Lean, and HydroxyCut Pro Clinical. They are seeking class certification and demanding a trial by jury.
When the COVID-19 pandemic began, the complaint said consumers started “seeking out ways to stay healthy and boost their immunity.” The plaintiffs explained that vitamin, mineral and supplement sales rose by 21% when the pandemic began.
According to the filing, the DSHEA outlines certain legal requirement for labelling and selling supplements that must be met. Further, all drugs must gain FDA approval prior to being put on the market. However, companies may obtain an exemption if the dietary supplement carries “a prominent FDA disclaimer on the products labels and advertising.” The DSHEA specifies exactly how the disclaimer must appear on the label, a precaution taken for consumer safety.
Any products that do not bear the exact DSHEA label are considered to be “misbranded and unlawful,” the complaint argued, and they cannot be legally sold under federal law. Iovate allegedly has failed to comply with the necessary laws and regulations when selling their products. While there is a significant amount of structure and function claims on the products, there are no DSHEA-mandated disclaimers.
Barnes and Lopez believed that the aforementioned products were lawful and had therapeutic value to the false manner in which the products were branded and advertised. They argued that the defendant’s misrepresentation of their own products have caused them to suffer injury in fact and lose money, since they would not have purchased the products if they had full knowledge regarding their illegality.
The plaintiffs are seeking class certification on behalf of all United States residents who purchased the products. They are ultimately filing suit due to a violation of the unfair competition law and unjust enrichment. They are requesting class certification, a trial by jury, an order enjoining Iovate from further pursuing these policies, acts, and practices, and an order requiring Iovate to pau restitution, punitive damages, litigation fees, and any other necessary relief.
The plaintiffs are represented by Bursor & Fisher.
