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herbal supplement product liability, Chicago personal injury lawyerIn an independent test by the New York State Attorney General’s office, it was found that four major retailers’ name brand herbal supplements did not contain the herbs listed. Instead, the supplements contained filler ingredients, some of which may cause allergic reactions.  Mislabeling products is considered a product liability issue. For example, if you are allergic to an ingredient in the product or you have an adverse side effect because it is not labeled correctly, the product manufacturer is responsible for compensating you, the consumer.

The New York State Attorney General’s office sent Wal-Mart, Walgreen’s, GNC, and Target a “Cease and Desist Notification” to pull the named products in the notification off their shelves and explain their process about how they verify the ingredients on the labels of the listed supplements. The tests found that four out of five products did not contain any of the herbs listed on their labels. The tests did find fillers, such as wheat, asparagus, powered rice, and house plants, in the supplements.

Supplements are not regulated by the Food and Drug Administration (FDA) like prescription medications are. They are not required to go through the same rigorous testing that prescriptions are before they are sold to consumers. Supplement regulation is based on an honor system that operates with the understanding that the manufacturer is being truthful about what ingredients are in the product and the labeling on the product is true.

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