Qunol Supplement Lawsuit: Allegations of False Advertising

by | Jul 5, 2024 | Product Liability | 0 comments

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Everyone wants to be healthy and fit, and many products are advertised as promoting good health. But what happens when these products make false promises? One such product is Qunol supplements. These supplements have been found to contain less than the advertised dosage per capsule.

Let’s explore more about the manufacturer and the Qunol supplement lawsuits related to these misleading claims.

Qunol Manufacturer

The Quten Research Institute is an organization involved in the development and study of health and wellness products. The company, based in Pine Brook, NJ, focuses on creating dietary supplements.

Their products include various types of magnesium, turmeric, CoQ10 (Coenzyme Q10), and Omega-3 fish oil supplements. These products are sold under the brand name Qunol. This company handles everything from production to marketing for these products.

However, the company has faced legal challenges regarding allegations of misleading labeling and marketing practices.

Qunol Supplement Lawsuit 2024

On May 24, 2024, Anthony Swetala filed a lawsuit against the Qunol supplement manufacturer. Plaintiff Anthony Swetala, who lives in California, bought Qunol Extra Strength Turmeric 1000 mg at a Walmart in Tulare, CA, in January 2023.

The plaintiff relied on the product’s label, which claimed that each capsule contained 1000 mg of turmeric. However, he later found out that the label was misleading and that he would need to take more than one capsule to get the advertised dosage.

The Qunol supplement lawsuit alleges that he wouldn’t have bought the product or would have paid less if he had known the truth. He discovered the misrepresentation in April 2024.

Products listed in the Qunol supplement lawsuit

  • CoQ10 Gummies 100 mg
  • Extra Strength Magnesium 420 mg
  • Extra Strength Turmeric Curcumin Complex 1000 mg
  • Magnesium Gummies 200 mg
  • Turmeric 2250 mg
  • Turmeric + Ginger 2400 mg
  • Turmeric 500 mg + Ginger 50 mg Gummies
  • Turmeric + Ginger Gummies 550 mg
  • Turmeric + Ginger Chews 750 mg
  • Turmeric Gummies 500 mg
  • Ultra Omega-3 Fish Oil 1000 m

The lawsuit states that over the last 20 years, the use of dietary supplements has grown a lot. The market for these products has expanded in terms of sales and the variety of products available. The global dietary supplements market was valued at nearly USD 152 billion in 2021 and is expected to reach USD 300 billion by 2028.

Many companies, including the Qunol manufacturer, have tried to capture this growing market by offering products that claim to have high doses of nutrients at competitive prices. However, instead of actually providing these high-dose supplements, the defendant sells products with lower doses than advertised.

The Qunol supplement lawsuit alleges that the manufacturer misled consumers by using deceptive labels and packaging that suggest each capsule, gummy, or chew contains more nutrients than they really do. This gives the defendant an unfair advantage over competitors who label their products accurately.

Allegations against the Qunol manufacturer include:

  • Violations of the Unfair Competition Law
  • Violations of the False Advertising Law
  • Violations of the Consumer Legal Remedies Act
  • Breach of Express Warranties
  • Breach of Implied Warranties
  • Negligent Misrepresentation
  • Intentional Misrepresentation/Fraud
  • Quasi-Contract/ Unjust Enrichment

The plaintiff requests that the court certify the case as a class action, appointing the plaintiff and their counsel to represent the class. They seek compensation for monetary damages, punitive damages, and other costs.

Qunol Magnesium Lawsuit

On March 29, 2023, two plaintiffs from New York and California filed a lawsuit against Qunol’s Magnesium Supplement. They bought Qunol’s magnesium supplement multiple times over the past four years, around 2022.

Qunol magnesium side effects include:

  • Vomiting
  • Nausea
  • Troubled breathing
  • Blurred vision

The lawsuit claimed that Qunol’s supplements are marketed as highly absorbable magnesium glycinate, which they claim supports bone, nerve, and muscle health, as well as heart health. The labeling states “EXTRA STRENGTH MAGNESIUM” with 420 mg of magnesium per serving (two capsules), derived from magnesium glycinate. This amount meets 100% of the recommended daily value for magnesium, according to FDA guidelines.

The magnesium supplement capsules are claimed to contain 420 mg of magnesium as magnesium glycinate, but this is impossible. The size 00 capsules can hold a maximum of about 735 mg of powder, even with the densest possible content. Magnesium glycinate, which contains only 14.1% magnesium by weight, would require around 3,000 mg of magnesium glycinate to achieve 420 mg of magnesium.

The Qunol magnesium lawsuit claims that the magnesium supplements do not contain the amount of magnesium glycinate advertised. They argue that the capsules include other ingredients like gelatin and magnesium stearate, reducing the actual magnesium glycinate content claimed. The plaintiffs allege that Qunol violates federal laws that require accurate labeling under the Food, Drug, and Cosmetic Act.

Allegations in the lawsuit include:

  • Violation of New Jersey Consumer Fraud Act
  • Fraudulent Concealment
  • Breach of Express Warranty Pursuant to New York.
  • Violation of New York General Business Law
  • Breach of Implied Warranty of Merchantability Pursuant to New York.
  • Breach of Express Warranty Pursuant to California Commercial Code.
  • Violation of California Business and Professions
  • Violation of the California Consumers Legal Remedies Act
  • Violation of California’s Unfair Competition Law
  • Breach of Implied Warranty of Merchantability Pursuant to California Commercial Code.

Plaintiffs seek compensation for their damages and want to stop the defendant from continuing the illegal action.

To conclude

Misleading labeling is a serious issue in the dietary supplement industry. Consumers trust that they are getting the nutrients they pay for, but when products contain less than advertised, it not only wastes money but can also impact health.

If you or someone you know has purchased Qunol supplements and feels misled by the product labeling, it’s important to seek legal advice from a skilled lawyer.

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