A Florida consumer filed a proposed class action against vitamin maker NBTY, Inc. on July 22, 2016. The suit claims NBTY’s Ester-C supplements were deceptively labeled “Made in USA” even though they contain vitamin C sourced from other countries.
The complaint
Plaintiff Sweat said she bought Ester-C 500mg tablets throughout 2015 and afterward at a Walmart store in Union County, Florida. The back label showed an American flag and the words “Made in USA.”
The complaint, filed in the U.S. District Court for the Middle District of Florida, said that label is an unqualified USA-origin claim under FTC guidance. It argued that a vitamin supplement cannot be a vitamin supplement without the vitamins it is supposed to contain, so foreign-sourced vitamin C is an essential ingredient.
The plaintiff also alleged it was likely that other vitamins in the products came from overseas, because manufacturers usually buy vitamins in pre-mixed packs from the same suppliers.
The most NBTY could lawfully say, the complaint argued, was a qualified claim such as “Made in the USA of foreign and domestically sourced ingredients.” The suit was brought under Florida law and similar laws of eight other states.
What happened next
An amended complaint filed in October 2016 added that no vitamin C is made in the USA. It said plants in Belvidere, New Jersey, and Wilmington, North Carolina, had closed in 2005 and 2009.
According to Truth in Advertising, a federal judge dismissed some claims and allowed others to proceed in September 2017. The plaintiffs voluntarily dismissed the case in October 2017.
Similar vitamin C cases were filed against other companies. See the CVS vitamin C case and the WellPet dog food case.
FAQ
Which products were challenged?
Ester-C and other NBTY vitamin supplements labeled “Made in USA.”
What was the main ingredient at issue?
Vitamin C, which the plaintiff said is sourced from other countries.
How did the case end?
The plaintiffs voluntarily dismissed it in October 2017, after a partial dismissal ruling.
Source & credit
Source: Class action complaint, Sweat v. NBTY, Inc., No. 3:16-cv-00940 (M.D. Fla.), filed July 22, 2016.
Also: Law360: “NBTY Vitamins Falsely Labeled ‘Made In USA,’ Consumer Says”, July 22, 2016; Truth in Advertising case summary.