Male Enhancement Supplements and the Nutrition Labeling and Education Act of 1990

In recent years, male enhancement supplements have been under fire from consumer advocates and personal injury lawyers for a variety of reasons. These supplements are the subject of several lawsuits alleging that consumers who used them were injured. The lawsuits base the claims on several causes of action. One of those is consumer fraud, regarding the product’s label.

What is the Nutrition Labeling and Education Act of 1990?

The Nutrition Labeling and Education Act of 1990 (NLEA) allows the Food and Drug Administration to regulate the nutrition labeling on certain products, including dietary supplements. Companies must be extremely careful when listing the ingredients in male enhancement supplements. Not only must all ingredients and supplements be listed on the label, but the amount of each ingredient and supplement must also appear on the label. Nutrition labels must also conform to strict guidelines for the appearance of these labels on dietary supplements.

Claims Under The Nutrition Labeling and Education Act of 1990

If a label for a male enhancement supplement does not contain each ingredient and nutrient used to make the supplement, the retailer, manufacturer, and distributor can be held accountable for any injuries or damages sustained by a consumer because of this oversight. And if the amounts of any nutrients or ingredients are misstated on the label, the retailer, distributor, and manufacturer could be held liable for damages.

When a company places a supplement on the market, advertises it for sale, or sells the product to consumers, the company becomes liable for all claims on the label. Therefore, if the label claims that the supplement contains a certain ingredient or nutrient, the law states the consumer has the right to rely on the label to be accurate and complete. Failing to provide accurate information could lead to a lawsuit against all parties involved in getting the product into the hands of the consumer.

Retailers who market products under their name must be very careful, especially if a third party is producing the products. When a retailer puts its name on a dietary supplement, it assumes liability for the product's contents. If the label is not accurate, a consumer who is injured could have a claim against the supplement’s manufacturer, but also the retailer who marketed and sold the product under its name.

Bottom Line

Male enhancement supplements are the subject of lawsuits claim injuries and damages. Retailers, in addition to manufacturers and distributors, have a legal obligation to the public. They must ensure the labels and the claims made on the labels of male enhancement supplements comply with all requirements and standards set forth by the FDA under the Nutrition Labeling and Education Act of 1990 and other applicable laws governing dietary supplements.