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August 28, 2013 / jlinder2013

Possible Class Action for False Advertising of Anti-Aging Products

No one wants to get old, and many companies have taken advantage of this inherent human trait by marketing anti-aging products to consumers.   Recently, the U.S. Food and Drug Administration has begun to look into these alleged remedies, sending Regulatory Letters to manufacturers, warning them that their advertisements were irresponsible and misleading.

Specifically, the FDA has stated that many of the particular statements by these manufacturers enter into the realm of drug claims, which can only be made in connection with subscription pharmaceuticals, and not over-the-counter medicine.  For example, the FDA cites advertisements that claim the drugs in question can “counteract” or “control” the aging process.  Claims that products can “rejuvenate” or “repair” skin are also possibly drug claims.

Consumers who have purchased such over-the-counter products may be able to bring a class action suit against the manufacturers for these deceptive marketing claims.  Suits would be based on claims that the manufacturers committed fraud to induce the purchase of their goods, and related claims for false advertising.  Damages could include the money spent on such products, as well as attorney’s fees.

If you or someone you know has purchased an anti-aging product based upon false advertising, you may be entitled to relief. Please call Khorrami Boucher Sumner Sanguinetti, LLP for a confidential consultation.


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