- Lemberg Law
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- Now Magnesium Citrate Supplement Labelling Class Action Lawsuit
Stonehart v. Now Health Group
Case Information
- Case Number: 1:23-cv-16604
- Case Status: Case is in progress
- Court: United States District Court, Northern District of Illinois
- Filed: December 8, 2023
Lemberg Law represents a putative class of supplement purchasers in a lawsuit against Now Health Group, Inc. (NHG), alleging the company falsely advertises its “Magnesium Citrate Softgels” dietary supplements. The plaintiffs claim the product fails to deliver the advertised 400 mg of elemental magnesium per serving, misleading consumers and violating consumer protection laws.
Complaint
The complaint highlights several critical issues with NHG’s Magnesium Supplements, including:
- Impossible Claims:
- NHG advertises 400 mg of elemental magnesium per three-capsule serving, derived from magnesium citrate, magnesium glycinate, and magnesium malate. However, the combined magnesium content of these sources cannot meet the claimed amount due to their low elemental magnesium concentrations.
- For example:
- Magnesium citrate contains only 11.23% elemental magnesium.
- Magnesium glycinate contains 14.1%.
- Magnesium malate contains 15.54%.
- Misleading Labeling:
- The product prominently states “400 mg elemental magnesium per serving,” which creates an express warranty. However, the actual magnesium content per serving is significantly less than advertised.
- Suspected Use of Inferior Ingredients:
- Plaintiffs allege the supplement may include magnesium oxide, a cheaper but less bioavailable form of magnesium not disclosed on the label. Magnesium oxide is less effective for absorption and does not provide the benefits consumers expect.
- Regulatory Violations:
- NHG’s labeling allegedly violates the Federal Food, Drug, and Cosmetic Act (FDCA) and the Utah Consumer Sales Practices Act (CSPA), which prohibit false and misleading labeling practices.
Relief Sought
The lawsuit seeks various remedies to address the alleged mislabeling, including:
- Refunds: Restitution for consumers who purchased the mislabeled product.
- Disgorgement: Recovery of profits earned through deceptive practices.
- Injunctive Relief: Prohibition of further misleading advertising and labeling.
- Punitive Damages: Compensation for NHG’s intentional misrepresentation.
These remedies aim to compensate affected consumers and deter future deceptive practices.