What’s the Problem?
The class action (PDF) alleges that GNC Holdings, Inc. violated the Federal Food, Drug and Cosmetic Act of 1938 (FFDCA) by selling misbranded dietary supplements, including GNC Men’s Prostate Formula.
“GNC is prohibited from labeling, marketing, or selling dietary supplements bearing claims that ‘describe the role of a nutrient or dietary ingredient intended to affect the structure or function in humans, [or that] characterize the documented mechanism by which a nutrient or dietary ingredient acts to maintain such structure or function’…unless the label carries a prominent disclaimer on each panel bearing such claims,” the complaint states. Furthermore, the class action alleges that additional statements proclaiming the supplements are “clinically studied,” “scientifically designed,” “physician formulated,” or “physician endorsed” are included on the labels, along with medical symbols and references to diseases and other health conditions.
Plaintiffs claim they would not have purchased the GNC supplements had known the products were “not intended to treat, cure, or prevent any disease.”
The class action is: RICHA ARORA, RANDY CLINTON, and WALTER JOHNSTON v. GNC Holdings, Inc. Case No. 3:19-cv-02414. U.S. District Court, Northern District of California.
What is GNC Prostate Formula?
GNC markets its Men’s Prostate Formula as being able to promote normal prostate health. The supplement combines 320 mg of standardized saw palmetto with pygeum extract to help support prostate function and urinary flow.
What’s the Difference Between a Drug and a Dietary Supplement?
The big difference between prescription drugs and dietary supplements is how they’re handled by the FDA. Drugs are defined as substances intended to diagnose, treat or prevent disease, and must pass clinical trials before being released to the public. Supplements, on the other hand, aren’t regulated by the FDA. Under the Dietary Supplement Health and Education Act (DSHEA), the FDA treats supplements like food and the DSHEA defines supplements as “products taken orally for supplementing the diet.”
Do I Have a GNC Men’s Prostate Formula Class Action Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in GNC Men’s Prostate Formula Lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
If you or a loved one was injured by a GNC supplement, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.