Dietary supplement manufacturer PhD Fitness LLC (“PhD Fitness”) and a putative class of consumers have reached a settlement over claims that PhD Fitness deceptively labelled its sports supplements. The plaintiffs filed the proposed class action alleging that the marketing materials and labels on PhD Fitness’ “JYM” and “Post-JYM” supplements made false and misleading claims about the products ingredients, including that the ingredient dosage, and that the products contain sodium.

Takeaway: As we have previously written, advertisers of dietary supplements should continue to pay special attention to the labelling of supplement ingredients as well as the supplements’ claims made – and the substantiation required – in light of the continued scrutiny by the class-action bar.