LOS ANGELES (Legal Newsline) - A dietary supplement maker is being sued over allegations it falsely advertises one of its products could reduce the risk of coronary heart disease (CHD).
Seth Sultan filed the lawsuit on Feb. 25 against Schiff Nutrition International over its MegaRed supplement, which claims on its label that it “may reduce the risk” of CHD.
MegaRed contains omega-3 fatty acids, which in some research has indicated it may reduce CHD risk, the complaint says. That research, however, has not been adopted by the U.S. Food and Drug Administration, according to the lawsuit.
The lawsuit also said nutritional supplements like MegaRed are only allowed to include a statement that says consuming omega-3 fatty acids may reduce the risk of CHD, but that research on the subject likewise is not conclusive.
“For this same reason, the FDA has stated that any claim suggesting a level of omega-3 fatty acids to be useful in achieving a reduction in the risk of CHD for the general healthy population is presumed to be false and misleading,” the lawsuit said.
Despite the FDA stance, MegaRed still states on its label that it “may reduce the risk of coronary heart disease” without any information that the research hasn't been confirmed, the suit says.
The lawsuit seeks class status and more than $5 million in damages plus court costs. Sultan is represented by Lionel Glancy and Mark Greenstone of Glancy Binkow & Goldberg, LLP in Los Angeles and Stuart Scott and Daniel Frech of Spangenberg Shibley & Liber, LLP in Cleveland.
United States District Court for Central District of California case number is 8:15-cv-00315.