The manufacturers, distributors, and retailers of dietary supplements must adhere to strict federal and state laws governing the manufacture and sale of these supplements. The Federal Drug Administration, Federal Trade Commission, and other agencies are tasked with inspecting and regulating this industry. Failure to meet the standards and requirements set by these agencies and the laws enacted by Congress can result in penalties for companies. However, government agencies are not the only source of scrutiny.
Dietary supplements, including male enhancement supplements, are being attacked in court by consumers who were injured after using the products. Lawsuits alleging personal injury under product liability laws can result in substantial monetary judgments. Any company involved in the process of manufacturing, marketing, and selling dietary supplements could be named in a lawsuit and held liable for damages.
Product Liability Claims for Dietary Supplements
The specific claim a consumer may allege in a product liability lawsuit depends on several factors. Claims involving male enhancement supplements and other dietary supplements could involve allegations including:
- Ingredients were included in the supplement in quantities that cause adverse health effects;
- The products were contaminated or adulterated intentionally by adding drugs or other substances or unintentionally by failing to adhere to the Good Manufacturing Practices (GMP) set by the FDA;
- Violations of the Nutrition Labeling and Education Act of 1990 by failing to list all ingredients, nutrients, and nutritional information;
- False and deceptive advertising and misleading claims regarding health benefits or unrealistic outcomes;
- Ineffective or dangerous products when used in accordance with the instructions and directions on the label;
- Permanent physical damage or illness, such as damage to kidneys, liver, or other internal organs; and,
- Wrongful death or injury caused by the use of the dietary supplement in combination with other medications or products.
Consumers claiming personal injury under product liability laws or other laws could recover compensation for their financial damages (i.e. medical expenses, lost wages, etc.) and non-economic damages (i.e. pain and suffering). Should retailers and distributors be worried about personal injury claims for dietary supplements and male enhancement supplements?
Claims Against All Parties Involved
Yes, any company involved in the manufacture, distribution, or sale of a male enhancement supplement should be aware of the potential for a personal injury claim. It is assumed that the manufacturer is always at fault because they made the drug. However, a distributor involved in the advertisement for the male enhancement supplement could be accused of false advertising. Likewise, a retailer that is selling a supplement under its store brand could be named because it is selling the product under its name even though it contracts with a third party to manufacture the dietary supplement.
Therefore, all parties should take steps to ensure they comply with all federal and state laws and to ensure they are selling a safe and effective product.