- Lemberg Law
- What is a Class Action Lawsuit?
- Nutricost Magnesium Glycinate Supplement Labelling Class Action Lawsuit
Cohen v. Nutricost
Case Information
- Case Number: 2:23-cv-06387
- Case Status: Case is in progress
- Court: United States District Court, Eastern District of New York
- Filed: August 25, 2023
Lemberg Law represents a putative class of supplement purchasers suing Nutricost for allegedly mislabeling its magnesium glycinate supplements. The plaintiffs claim the capsules fail to deliver the advertised 420 mg of magnesium as magnesium glycinate per serving, misleading consumers and violating state and federal laws.
Complaint
The complaint outlines several significant concerns about Nutricost’s Magnesium Glycinate Supplements. The primary allegations include:
- Physically Impossible Claims:
- Nutricost advertises 420 mg of magnesium as magnesium glycinate per two-capsule serving. However, magnesium glycinate contains only 14.1% magnesium by mass. Meeting the claimed magnesium amount requires 3,000 mg of magnesium glycinate, far exceeding the physical capacity of the capsules.
- Misleading Advertising:
- Nutricost prominently claims “420 MG Per Serving” on its labels, creating an express warranty about the magnesium content. Plaintiffs argue these claims are inaccurate and deceptive.
- Inferior Ingredients:
- Plaintiffs suspect Nutricost uses magnesium oxide, a less bioavailable form of magnesium, instead of magnesium glycinate. Customers seeking magnesium glycinate for its absorption benefits do not receive the promised quality.
- Regulatory Violations:
- Nutricost allegedly violates the Federal Food, Drug, and Cosmetic Act (FDCA) and New York’s Agriculture and Marketing Law by labeling its products falsely and misleadingly.
Relief Sought
The plaintiffs seek to hold Nutricost accountable through various remedies, including:
- Refunds: Full restitution for those who purchased the mislabeled products.
- Disgorgement: Return of profits gained through deceptive practices.
- Injunctive Relief: Prohibiting Nutricost from continuing misleading advertising and labeling.
- Punitive Damages: Compensation for Nutricost’s willful misrepresentation.
These remedies aim to compensate affected consumers and prevent similar deceptive practices.