By: Linda L. Goodman
Attorney General, Eric T. Schneiderman, sent out Cease and Desist Letters to four major retailers, GNC, Target, Walmart, and Walgreens, claiming store brand herbal supplement products did not contain the labeled substance, or contained ingredients not listed on the labels. The letters, sent last week, demanded the retailers immediately stop the sale of Echinacea, Ginseng, St. John’s Wort, and other herbal supplements. The letter further demanded that he be provided detailed information relating to the production, processing, and testing of the herbal supplements sold at their respective stores and a thorough description of quality control measures the stores had in place.
The letters were the result of DNA testing on the products which were performed as part of an ongoing investigation by the A.G.’s Office. The results showed that 79% of the store brand products did not have the active agent or were mislabeled and contained other plant material not placed on the label. Only 4% of the Walmart products tested showed DNA from the plants listed on the labels.
Using DNA barcoding technology to examine the contents of herbal supplements, the investigation focused on a large-scale practice of substituting contaminants and fillers in the place of authentic active ingredient. The testing revealed that all of the retailers were selling a large percentage of supplements for which modern DNA barcode technology could not detect the labeled botanical substance.
The Attorney General’s investigation is focused on potential violations of New York’s General Business Law and Executive Law, including deceptive practices and deceptive advertising. “This investigation makes one thing abundantly clear: the old adage ‘buyer beware’ may be especially true for consumers of herbal supplements,” said Attorney General Schneiderman. “The DNA test results seem to confirm long-standing questions about the herbal supplement industry. Mislabeling, contamination, and false advertising are illegal. They also pose unacceptable risks to New York families—especially those with allergies to hidden ingredients. At the end of the day, American corporations must step up to the plate and ensure that their customers are getting what they pay for, especially when it involves promises of good health.”
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This article is a publication of The Goodman Law Firm and is intended to provide information on recent legal developments. This article does not create an attorney-client relationship, nor should it be construed as legal advice or an opinion on specific situations. This may constitute “Attorney Advertising” under the Rules of Professional Conduct and under the law of other jurisdictions.
Linda L. Goodman is an attorney specializing in internet compliance and privacy law. With years of experience helping businesses navigate complex legal landscapes, Linda contributes expert insights on compliance issues in the digital space. To learn more about her services and insights, visit her law firm website at The Goodman Law Firm.
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