The DSEA considers any substance, besides tobacco, that contains a vitamin, a botanical, an amino acid, or a combination of those ingredients used as a substitute for food to be a dietary supplement. These supplements usually come in pill, tablet, or liquid form, such as herbal supplements and energy drinks, and must be labeled on the front panel as a dietary supplement.
Dietary supplement labels cannot list any untruthful or misleading statements about the benefits of the supplement. For example, you should not be able to find a dietary supplement in a store that says "cures cancer" on it. If the manufacturer of the dietary supplement wants to list benefits on the label, it must have these statements approved by the FDA. If there is a statement pertaining to the supplement's benefits on its label that is not approved by the FDA, it must have a disclaimer that the FDA has not approved the statement in reasonable proximity to that statement.
It is the responsibility of the manufacturer of the dietary supplement to meet the requirements of the DSEA. If you find you have been using a mislabeled supplement, you will want to lodge a complaint with the manufacturer as well as the FDA. You may also want to consult a consumer rights attorney. Your attorney can let you know what your options are and help you decide on the best course of action. You may also be entitled to money damages in a lawsuit against the manufacturer.
Last Modified: 11-05-2015 10:17 AM PSTLaw Library Disclaimer
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