Some major retailers – Walmart, Target, Walgreens and GNC – are in pretty hot water for selling mislabeled herbal supplements. Since the New York State Attorney General’s announcement on Monday, February 2, that all four retailers were selling fraudulent products, other states have started to look more deeply into claims that the herbal supplements carried by these stores were no more than powdered rice and houseplants.

How did it happen?

The Food and Drug Administration labels herbal supplements as dietary supplements, meaning they’re neither food nor drugs. Because of that, the FDA has different standards for herbal supplements than they do for food and medication. According to the Mayo Clinic, manufacturers of dietary supplements:

• Do not need FDA approval to market a supplement.
• Can claim health benefits provided they have the research to “prove” it – and even if the FDA doesn’t look into the research itself
• Must respect “good manufacturing practices” designed to keep the bad stuff out and the good stuff in
• Can let the FDA worry about their products’ safety once those products are on the market

So while the FDA can and has gone after specific manufacturers in the past for failing to adhere to good practices, the New York Times reported that “the announcement Monday was the first time that a law enforcement agency had threatened the biggest retail and drugstore chains with legal action for selling what it said were deliberately misleading herbal products.”

Why it’s important

For many people, having their ginseng turn out to be no more than garlic and rice is no big deal; their egos may be a bit bruised for falling for the marketing, and certainly their wallets are a bit lighter after having spent all that money on useless herbs. But other people may have been put at serious risk by taking supplements that contained ingredients which would have reacted with other medications, or caused an allergic reaction.

For example, the investigation found that some of the retailers were selling supplements which contained wheat – and for people with a true wheat allergy or Celiac disease, the results can be long-tem, complicated and eventually fatal if complications arise.

Most herbal supplements are harmless, and only a few products by specific brands were found to contain unlisted products. But the results could have been much, much worse if the supplements had led to a person’s illness. We’re happy to report that so far, no injuries have been attributed to the fraud.

 

Banks and Jones handles dangerous products cases throughout Tennessee. To speak with a skilled Knoxville product liability lawyer, please contact our office.