Lactaid Supplements Labeled Falsely, Class Action Lawsuit Alleges
According to a proposed class action, Lactaid is mislabeled and advertised with statements that it can prevent, treat, cure, or alleviate lactose intolerance and/or its symptoms. It should be qualified as drugs and not supplements, the plaintiffs claim.
Kristin DiCroce v. McNeil Nutritionals and Johnson & Johnson Consumer Inc.
Kristin DiCroce Class Action Complaint Against McNeil Nutritionals, LLC
Plaintiff Kristin DiCroce filed a class action lawsuit against McNeil Nutritionals, LLC, a Johnson & Johnson Consumer, Inc. subsidiary, in a federal court in Massachusetts on Oct. 12.
The Lactaid Drugs Class Action Lawsuit alleges that Johnson & Johnson Consumer subsidiary McNeil Nutritionals violated the Federal Food, Drug, and Cosmetic Act (FDCA) as well as FDA regulations by mislabeling the following Lactaid supplements to imply that they are effective for diagnosing, preventing, treating, curing, or mitigating lactose intolerance and/or characteristic lactose intolerance symptoms such as gas, bloating, and diarrhea:
- Lactaid Fast Act Chewables
- Lactaid Fact Act Caplets, and
- Lactaid Original Strength Caplets
According to the Lactaid Drugs Class Action Lawsuit, the FDCA prohibits manufacturers from claiming on the label of a dietary supplement that the product may diagnose, mitigate, treat, cure, or prevent a specific condition or class of diseases. Additionally, a supplement label is considered deceptive, and a product is misbranded if it fails to mention information that is relevant in light of the product’s claims or the potential consequences of use, the complaint states.
The FDCA, in general, restricts any health claims on food and dietary supplement labeling except those expressly authorized by the FDA through regulation, the case notes.
According to the Lactaid Drugs Class Action Lawsuit, J&J Consumer and McNeil are holding the Supplements out as drugs by saying the aforementioned Lactaid supplements will prevent gas, bloating, and diarrhea associated with dairy digestion and make dairy easier to digest. However, the FDA requires that drugs contain some disclosures that may be necessary to consumers, as the case emphasizes.
FDA Does Not Approve the Supplements
Unlike approved drugs, though, the Lactaid Supplements have not been approved by the FDA as safe and effective for the purpose for which they are advertised. Hence, the lawsuit states that they do not have the supporting “Drug Facts” information that the FDA considers necessary to consumers.
This evasion of the FDCA’s certification requirement renders the Disease Claims as illegal drug claims, and their use to advertise and promote the Supplements constitutes “Health Fraud,” as defined by the FDA.
The complaint seeks to represent all consumers nationwide who purchased any of the Lactaid supplements listed above and reside in states with consumer protection statutes that are substantially comparable to the Massachusetts Consumer Protection Act.
Editor’s Note on Lactaid Drugs Class Action Lawsuit:
This article is written to inform you of the class action filed against McNeil Nutritionals, LLC over the alleged mislabelling of its Lactaid supplements. You might also be interested in the Johnson & Johnson OGX Shampoo Lawsuit.
Case Name & No.: Kristin DiCroce v. McNeil Nutritionals and Johnson & Johnson Consumer Inc.., Case No. 1:21-cv-11660
Jurisdiction: U.S. District Court District of Massachusetts
Allegations: McNeil allegedly mislabeled its Lactaid as supplements rather than drugs.
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