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does not provide legal advice. Our goal is to
provide resources that are helpful to the general public
for making informed attorney choices as well as providing
a legal reference for those in the legal profession.
Laws
regulating Dietary (food) Supplements define the
responsibility and / or liability of anyone with a responsibility
for a supplement product -- from the supplier or manufacturer
to the seller -- if that product causes damage due to
defect.
Product
liability law allows liability claims based on negligence,
strict liability, or breach of warranty of fitness for
a particular purpose. ThElliotte United States Department
of Commerce has promulgated a Model Uniform Products
Liability Act (MUPLA) for voluntary use by the states.
There
is no federal product's liability law. Many food
supplements are not regulated (nor tested) by the Federal
Food and Drug Administration (FDA). They are generally
unregulated by prescription. In fact, while many
are sold over the counter in pharmacies or in health
food or grocery stores, direct marketing, mass-merchandise
stores and the Internet comprise almost 62% of sports
supplement sales with another 17 percent by trainers
.
Examples
of product liabilities in food supplements involve defective
products, with these items appearing on the market with
improper labeling and lack of quality control in their
production. Also, some products do not live up
to their respective guarantees or warranties. A product
is legally considered defective if it was made poorly
or sold with flaws. A food supplement may commonly fulfill
its purpose as expected but normal use may cause discomfort,
injury or even death. A supplement may also be safe
if used carefully, but it may be considered defective
if the manufacturer 's information on proper dosage
or proper monitoring is unclear, incomplete or incorrect
or if interactions with other drugs or supplements are
not mentioned. This misrepresentation concerning the
product, if resulting in an injury, may entitle the
plaintiff to damages.
Dietary
supplements are used for many reasons. Pills,
drinks, and powders are big business. In 1999,
on sports supplements alone, Americans spent an
estimated $1.4 billion. Many official reports
relegate the trauma, serious injury and sometimes death
following the use of these supplements as due to abuse
or overuse. The truth is that studies have not
been done to know what is "use" and what is
"abuse" or "overuse". Labeling
on these products does not reflect scientific opinion,
but rather an arbitrary assignment when it comes to
dosage or value. Most of the so called benefits
of taking these supplements comes from anecdotal evidence
and not scientific studies.
-
Sports:
Some supplements supposedly increase muscle or stamina
or energy. There have been reports of serious harm
inflicted through use and overuse of these products.
-
Weight
Loss: Supplements are generally herbal
stimulants, like Ephedra. These herbal stimulants
act like amphetamines ("speed").
Some investigators hold them responsible for
dozens of deaths and permanent injuries
The
only 'recalls' you will see on dietary food supplements
will be labeled "voluntary". Current
federal law does not require advance testing and when
dangers and problems with supplements are reported,
the Food and Drug Administration (FDA) must prove a
case against the supplement in question prior to ordering
it off the market. Legally, the label may
not claim that the product will treat, prevent, or cure
a disease. This has not stopped labeling with vague
claims that infer great health and well-being benefits,
such as "enhances energy" or "supports
testosterone production." Certain manufacturers
have voluntarily recalled their supplements after the
FDA has issued warnings and stated that investigations
will be conducted.
Some
supplements have been prominent in the news in recent
times:
Androstenedione,
may upset the body's hormonal balance when it metabolizes
into testosterone and estrogen. There are reports
of premature puberty and stunted growth in adolescents
who have taken androstenedione.
Creatine,
a substance produced by the body that can help generate
brief surges of muscle energy during certain types of
athletic performance appears to cause rapid weight gain
due to water retention in muscles. Creatine appears
to cause kidney problems in susceptible individuals.
Long-term effects of creatine are unknown.
Ephedra
is an herbal stimulant that acts like an amphetamine.
Supposedly, this aids weight loss by speeding up metabolism
and decreasing the appetite. There are reports of
dozens of deaths and permanent injuries from the use
of ephedra.
3-Andro
Xtreme contains large amounts of androstenedione
and ephedra plus caffeine.
PC
SPES (containing warfarin) and SPES (containing
alprazolam) were voluntarily recalled by BotanicLab
after the FDA began an investigation into the marketing
of these as herbal supplements.
Triax
Metabolic Accelerator (active ingredient tiratricol,
generic name: triiodothyroacetic acid), marketed as
a dietary supplement for weight-loss purposes.
This may cause serious health consequences including
heart attacks and stroke. The FDA has determined
that this product is not a dietary supplement but an
unapproved "drug".
Products
liability laws are designed primarily to prevent harm
or to compensate a person or property for harm that
has been caused. The harm or injury caused by
dietary supplements is most often physical injury and/or
financial injury. These laws are generally grouped
under the same category as Personal Injury Law, which
is tort law.
A
civil wrong, also known as a tort, is recognized by
law as being grounds for a lawsuit. Sometimes
these wrongs are considered crimes and punishable by
imprisonment, but the primary aim of tort law is to
provide relief through compensation to injured parties
for the damages they have incurred. Among the
types of recoverable damages are: loss of earnings capacity,
pain and suffering, and reimbursement of reasonable
medical expenses. They include both present and
future expected losses. This means that a person who
has been injured due to a defect in a product or a breach
of an expressed or implied warranty may be able to bring
a lawsuit against the manufacturer or the seller, or
anyone else in between.
Wrongful
Death is also a possibility when supplements are
taken improperly or not monitored properly and the end
result is death. In these instances the law provides
for compensation to the victim's heirs or estate.
Torts
occur through unreasonable negligence, malicious intention
or strict liability. Tort law is state law created
through state courts and generally using the Restatement
of Torts (2nd) as an influential guide.
Product
Liability - Attorney Web Links
Attorneys
Trial Group, Personal Injury Lawyers, Birth
Injuries & Pharmaceutical Injuries, Automobile
& Truck Accidents, Orlando, FL - (407) 381 4123
Attorneys
Trial Group - Personal Injury Lawyers, Wrongful
Death, Brain
Injuries, Birth
Injuries, Medical Malpractice, Accidents
, Pharmaceutical Negligence, Orlando, FL -
(407) 381-4123
Austin, TX Personal Injury Lawyers Barry & Loewy
LLP handling personal injury, accident, and products
liability claims throughout Texas. 1(800)892-5044
Anderson & Anderson Attorneys, LLP, Personal Injury,
Social Security Disability, Workers' Compensation,
Criminal Law, Traffic & DWI, North Carolina - (888)
895-2962
White
& Allen, P.A., Commercial Law, Employment Law,
Estate Planning, Health Care, Personal Injury, Real
Estate, Criminal Law, Kinston and Snow Hill, NC - (252)
527-8000
Babcock Law Firm,
L.L.C., Personal
Injury, Speeding
Tickets, DWI,
Social Security, Criminal Defense, Baton
Rouge, LA - (866) 309-0911
Belluck
& Fox - New
York, NY - Motorcycle Accident Attorneys - U.S. -
1-866-6ACTION
Birmingham Personal Injury Lawyers
Belt Law Firm, P.C. Attorneys:
Car Accidents,
Wrongful Death, Prescription Negligence,
Workers Compensation,
and
Business Litigation.
Arthur
M. Blue Law Office, P.A., Personal Injury lawyers,
Carthage & Southern Pines, North Carolina - (910)
947-1500
Brady, Nordgren, Morton & Malone, Estate Planning,
Wills & Trusts, Probate, Raleigh, NC - (919) 782-3500
Breakstone, White-Lief &
Gluck, Personal Injury, Medical Malpractice, Boston,
MA - (617) 723-7676
Brinkley Walser,
PLLC, Estate Planning, Personal Injury, Real Estate,
Workers Compensation, Wrongful Death, Elder Law, Banking
Law, Traffic Law, Criminal Law, Employment Law, Medical
Malpractice, Family Law, Lexington, NC - (336) 249-2101
California
Business Law Attorneys - The Neilsen Law Group
provides legal services to the business community in
Southern California.
California
Criminal Defense Lawyers - The Nielsen Law Group
offers criminal defense services throughout Southern
California: Los
Angeles Criminal Defense Lawyers, Orange
County Defense Lawyers. Contact our California
Criminal Defense Lawyers
California
Divorce Attorneys - The Nielsen Law Group handles
family law, divorce, and child custody concerns in
Southern CA. Orange
County Divorce Lawyers, Los
Angeles Divorce Attorneys , and San
Diego Divorce Lawyers . Contact our California
Divorce Attorneys.
California
DUI Lawyers - The Nielsen Law Group provides legal
services for those accused of DUI/DWI in Southern
California. Contact our California
DUI Lawyers to speak with our attorneys. Los
Angeles DUI Lawyers
California
Injury Lawyers - The Nielsen Law Group provides
legal services throughout California
for personal injury, workers
compensation, social
security disability, family
law & divorce, DUI, and criminal defense.
Cerebral
Palsy Injury -
Providing CP information for families and those affected
by Cerebral
Palsy, birth injuries, and medical malpractice;
Serving the U.S., Offices in Baltimore MD, Washington
DC, Philadelphia PA - 1-888-4-MEDLAW
Charleston, SC Injury Lawyers Joe Griffth Law
Firm: Personal Injury, Accidents,
Criminal Defense
and Commercial Litigation, South Carolina - (866)
386-6460
Chicago Personal Injury Attorneys Salvi,
Schostok & Pritchard P.C., experienced lawyers handling
birth injury, medical malpractice,
nursing home negligence, and
wrongful death claims in Illinois and Wisconsin.
1(866) 997-2584
Coover & Barr, LLC,
Business, Commercial & Corporate Litigation, Family Law,
Real Estate, Columbia, MD - (410) 997-7600
James T. Crouse,
Aviation Disaster & Personal Injury Lawyer, Raleigh, NC
- (919) 861-0503
Wilmington Personal Injury
Attorneys The
Flexner Law Firm, P.A.
Car Accidents,
Workers Compensation,
Medical Malpractice 1-800-FLEXNER
Belluck Fox,
New York lawyers
practicing Medical Malpractice & Personal Injury such as
Meridia,
Kava,
Mesothelioma,
Asbestos,
Silicosis,
Crestor,
Vioxx Lawyers
- New York, NY
- 1-866-6ACTION
The
Law Office of Laura S. Jenkins, PC, Workers Comp,
Social Security, Personal Injury, Business Startups,
Raleigh, NC - (919) 846-7766
Martin Ganderson,
Estate Planning, Trusts, Elder Law, Norfolk, VA - (757)
622-0505
Law
Offices of Scott C. Gottlieb & Associates, LLP
- Personal Injury, Medical Malpractice, Insurance
Settlements, Wrongful Death, Rochester,
Syracuse,
Watertown,
Elmira,
NY - (800) 825-5529
San Antonio, TX Disability Attorney Heard & Smith:
Probate, Estate
Planning,
Social Security Disability.
1(800)584-3700
Scott
C. Gottlieb,
Injury Law Attorney, Motor Vehicle Accidents, Medical
Malpractice, Wrongful Death, Birth & Brain Injuries,
Hunting & Firearms Accidents, Binghamton, NY - (607)
724-7700
Ted
A. Greve & Associates,
North Carolina Truck
Accident, Wrongful Death, Mass Torts, Social
Security Disability, Workers' Compensation, Auto & Truck
Accidents, - (800)
984-7383
Ted
A. Greve & Associates, Auto & Truck
Accidents, Wrongful Death, Mass Torts, Social Security
Disability, Workers' Compensation, Immigration, North
Carolina & South Carolina - (800) 984-7383
Joe Griffith Law Firm
Personal Injury, Criminal Defense, Commercial
Litigation, Charleston, South Carolina - (866) 386
6460
Harris, Ragan,
Patterson & Rodgers, PLLC, Personal Injury,
Malpractice and Employment Lawyers - Charlotte, NC -
(704) 392-4111
Howard, Stallings, From & Huston, P.A., Commercial &
Civil Litigation, Employment Law, Personal Injury,
Estate Planning, Bankruptcy, Raleigh, NC - (919)
821-7700, New Bern, NC - (919) 633-3006
Law
Office of Brian D. Iton, Family Law, Traffic Law,
Real Estate, Englewood Cliffs, Bergen County, NJ - (800)
274-6180.
Law
Office of Paul Hogan, LLC,
Personal Injury Lawyers - Car Accidents, Truck
Accidents, Premises Liabilities, Wrongful Death,
Workers Compensation, Mass Tort Drugs, Wichita, KS -
(316) 303-1411
William F.
Horsley, P.A., Personal Injury, Medical Malpractice,
Wrongful Death, Vehicle Accidents, Premises Liability,
Greensboro, NC - (336) 691-0077
Jeremy Howe &
Partners in Mediation, Attorney at Law, Mediation,
Newport, Rhode Island - (401) 841-5700
Kansas City
Missouri Lawyers Peterson & Associates -
injury accidents,
prescription litigation lawsuits, and
wrongful death claims. 1-877-DRUG-GIANT
Kohn & Rath,
Personal Injury lawyers, Hinesburg, Vermont - (802)
482-2905
Kraft & Associates,
Social Security
Disability,
Dog Bites,
Truck Wrecks,
Auto Accidents,
Personal Injury lawyers, Dallas,
Texas - (800)
989-9999
Lennon & Camak, PLLC, Workers' Compensation, Social
Security Disability, Personal Injury, Wrongful Death,
Raleigh, NC - 1-866-FOR-ATTY
Lichtenstein,
Fishwick & Johnson, P.L.C., Personal Injury
lawyers, Roanoke, Virginia - (540) 343-9711
Marks
& Harrison,
Personal Injury Lawyers, Truck
Accidents, Wrongful Death,
Social Security
Disability,
Workers' Compensation, Consumer Fraud,
Richmond, Petersburg, Charlottesville, VA - (800)
283-2202
McEwen
Law Firm, Vioxx Personal Injury Lawyers, Inver Grove
Heights, MN - (651) 224 3833
MedLaw
Legal Team,
Medical Malpractice, Personal Injury, Nursing
Home Abuse, Cancer
Misdiagnosis, Drugs - Serving the U.S.,
Offices in Baltimore MD, Washington DC, Philadelphia PA,
Columbia SC - 1-888-4-MED-LAW
Meridia Warning -All of Pennsylvania - (800)
778-1410
MesotheliomaHelp.net
- Asbestos
Exposure, Mesothelioma
Lawyers, Injury Attorneys - New York, NY - U.S. -
(866) 6ACTION
Munley, Munley &
Cartwright - Personal
Injury Lawyers, Workers Compensation, Social Security -
Scranton / Wilkes-Barre - All of Pennsylvania - (800)
346-7401
Murray, Craven & Inman,
L.L.P. - Bankruptcy, Corporate Law, Construction & Surety, Estate Planning, Litigation, Taxation, Fayetteville, NC - (910) 483-4990
New York Lead Paint Lawyers Does your child have
elevated lead levels? Learn more about your rights, and
protecting your family.
NY Lead Paint Attorneys
New York, NY Accident Lawyer
- David Resnick & Associates, PC handling car accidents,
slip & fall, construction accidents, and personal injury
claims in NYC.
Orange County Personal Injury Lawyers
- Southern
California - U.S., Nielsen & Associates,
Personal Injury
and Disability, including
Auto Accidents,
Social Security Disability,
Workers Compensation,
Neck Injuries,
Dog Bites,
Back Injuries,
Spinal Cord Injuries,
Premises Liability,
Lemon Law,
Orange County, Southern California (866)-815-2616
The
Law Offices of John T. Orcutt,
Bankruptcy
and Debt Relief, Raleigh, NC - 1-888-610-2442
PA Personal lang="is"> Injury lang="is">
Lawyers lang="is">
- All of Pennsylvania - (800) 778-1380
Petersburg VA
Personal Injury Lawyers Cuthbert Law Offices
handling
motor vehicle accidents,
medical malpractice, and
social security claims.
Philadelphia
Accident Lawyers
- Pennsylvania Car & Truck Accident Attorneys.
Munley, Munley & Cartwright, P.C. - 1(800) 346-7401
Raleigh Personal
Injury Lawyers Hardison & Associates: North
Carolina Attorneys handling
Car Accidents,
Personal Injury, and
Workers Compensation.
1(800)434-8399
Ft. Lauderdale Personal Injury Lawyer Rosen &
Rosen -
Medical Malpractice,
Personal Injury, Workers Compensation, Nursing Home
Abuse, Hollywood, FL.
Paul A. Samakow,
P.C. - Personal Injury Lawyers, Vienna, VA - (703)
761-4343, Wheaton, MD - (301) 949-1515
Scranton Personal Injury Lawyers
-
All of Pennsylvania -
(800) 778-1380
Smith, Debnam,
Personal Injury lawyers, Raleigh, North Carolina - (919)
250-2000
Teague & Glover, P.A., Personal Injury, Criminal Defense lawyers, Elizabeth City, North Carolina - 252-335-0878
Teddy & Meekins,
Personal Injury Attorneys, Shelby, NC - serving
Cleveland, Rutherford and Lincoln counties - Phone
704-487-1234
Truck
Accident Lawyers
- Physician | Nurse Attorneys, Baltimore Maryland,
Washington DC, Philadelphia Pennsylvania, Columbia SC -
Servicing the U.S. - 1-888-4-MEDLAW
Twiggs, Beskind, Strickland
& Rabenau, P.A., Personal Injury lawyers, Raleigh,
North Carolina - (919) 828-4357
Ullman
& Allen, Attorneys at Law, Family Law - Divorce,
Child
Support, Spousal Support, Child
Custody, Johnston
County & Raleigh, NC, 919-829-1006
Warfield
Meredith & Darrah, P.C., Personal Injury
lawyers, Severna Park, Maryland
Washington D.C. Personal Injury
Lawyer The Abelson Law
Firm:
Washington, D.C. Medical
Malpractice Attorney,
Baltimore Car Accident Lawyer,
Maryland Truck Accident Attorneys.
Washington
Injury by Brett & Coats, PLLC, Bellingham WA Personal Injury
lawyers, Wrongful Death, Medical Malpractice, Accidents,
Product Liability, Cross
Border Claims Lawyers - Bellingham, WA - (360)
733-0212
Washington
Injury -
Accidents & Collisions, Personal Injury, Wrongful
Death, Insurance Law, Sexual Harassment, Bellingham, WA
- (800) 925-1875
Law Offices of John
C. Wunsch,
Erb's Palsy,
Cerebral Palsy, Birth
Personal Injury, Chicago, IL - (312) 977-9900
The
Yarborough Law Firm,
Construction Law,
Administrative Law, Personal Injury cases, Real Estate
Matters, Corporate and Business matters, Employment Law
and Collections, Fayetteville, NC, 910-433-4433
Younce
& Vtipil,
Personal Injury Lawyers - Asbestos, Pharmaceutical
Litigation, Product Liability, Workplace Injury, Social
Security Disability, Raleigh, NC - (919) 661-9000.
Sponsors:
Heard
& Smith, LLP - Probate, Estate Planning, Social
Security Disability
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Offices of Brian D. Iton - Bergen County - New
Jersey Family Lawyers: Child Custody & Support, Divorce,
Separation, Spousal Support, NJ - (201) 541-6477
The
Catalyst Group, Marketing &
Management Solutions, Lawyer
Marketing & Collaboration,
Raleigh, NC
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Dietary
Food Supplement Links
FDA requires new diet supplement labels - March
23, 1999
FTC
files complaint against 'Vitamin O' makers - March
16, 1999
NIH creates information database for dietary supplements
- January 6, 1999
FTC sets guidelines aimed at more truthful dietary supplement
ads - November 18, 1998
From herbs to acupuncture: Journal explores effectiveness
of alternative medicine - November 10, 1998
Journal gives stern warning on unproven dietary supplements
- September 17, 1998
Unregulated dietary supplements can be risky - February
22, 1998
CONSUMER REPORTS: How To Spot The Ingredients
ABCNEWS.com : New Warning About Supplement Sources
FDA WARNS AGAINST CONSUMING TRIAX METABOLIC ACCELERATOR
FDA Posts Warning for PC SPES and SPES
FDA Warns Consumers Not to Use the Dietary Supplement
Lipokinetix
FDA warns consumers to discontinue use of thirteen Chinese
herbal products containing aristolochic acid.
FDA
Advises Dietary Supplement Manufacturers to Remove Comfrey
Products From the Market
An
FDA Guide to Dietary Supplements
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