Claudia Lewis spoke with Bloomberg Law for the article “Unverified GLP-1-Related Claims Flood Food, Supplement Markets,” discussing the proliferation of unverified GLP-1-related claims in the food and dietary supplement industries. The following is an excerpt:
The latest proposed class action filed in June alleges supplement company Veracity Wellness Inc. falsely marketed its Metabolism Ignite as a capsule that can achieve meaningful appetite suppression and weight loss results comparable to prescription GLP-1s.
Another putative class action case alleges Grüns Nutrition Inc. falsely promoted its Superfood Greens Gummies as a supplement providing essential nutrients to GLP-1 users.
A federal judge in New York dismissed the lawsuit on May 19, but the order left room for plaintiffs to renew allegations regarding nutritional claims that targeted GLP-1 users. The plaintiffs filed an amended complaint June 8 expanding that theory.
Celebrity Kourtney Kardashian’s supplement brand Lemme also landed in court when a pair of proposed class actions last year claimed it marketed a daily capsule to reduce appetite without clinical evidence. Both suits were later dropped.
The supplements don’t appear to have elicited legal concern from GLP-1 drugmakers, but that could change if the products become competitors, said Claudia Lewis, co-chair of Venable LLP’s FDA group.
“Companies that have gone through the trials and regulations have spent a lot of money, and they want to make sure that their products are not being used as a competitor to something that’s not going to provide the same benefits or may not be safe,” Lewis said.
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