NY investigation into herbal supplements extends to manufacturers.

  • New York’s Attorney General (AG) recently issued cease-and-desist letters to major retailers, alleging the marketing of misbranded herbal supplements.  Originally, the investigation focused on the contents of specific products, but in recent weeks, the focus has shifted to the substantiation of claims being made for the supplements.
  • The AG now has issued letters to four major supplement manufacturers — Nature’s Way, NBTY, Nutraceutical Corp., and Pharmavite — requesting detailed information about their production and marketing of herbal supplement products.
  • Considering the number of parties involved in the supplement production chain, it is not particularly surprising that the AG now seeks information from manufacturers directly.  The potential exists for the investigation to extend even further to target the suppliers of dietary ingredients too.  The ongoing inquiry also serves as a reminder of the need for companies to ensure adequate substantiation for any claims made about finished products or their ingredients.