Balance of Nature Overstates Health Benefits of Dietary Supplements, Class Action Claims [UPDATE]

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A proposed class action accuses Balance of Nature of unlawfully overstating the efficacy and health benefits of its Fruits, Veggies and Fiber & Spice dietary supplements.

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The 26-page lawsuit says that in its advertisements, Evig, LLC—which does business as Balance of Nature—makes “unsubstantiated, false, and/or misleading claims” with respect to the products’ health benefits, including representations that the supplements can mitigate, treat or cure symptoms of severe conditions like diabetes, arthritis, influenza, fibromyalgia, heart disease and cancer.

For example, the manufacturer states on the Fiber & Spice label that the supplement is “[p]roven safe and effective for diabetics” and can “lead[] to improved insulin function,” the suit shares. The product is also advertised as containing certain chemicals that possess anti-inflammatory properties that can purportedly treat symptoms of arthritis, the case adds.

Moreover, in a pamphlet accompanying each product upon purchase, Balance of Nature suggests that consumers “double up” on Veggies capsules during cold and flu season, the complaint relays. The company claims consumers will be “amazed” by how fast they “kick” the illnesses, the filing says.

In another pamphlet, the defendant even recommends those diagnosed with life-threatening conditions “take at least 12 Fruits and 12 Veggies every day” to “help your body get through crises,” the lawsuit describes.

Per the complaint, the company lacks the scientific substantiation and regulatory approval to claim that its products can “prevent, treat, mitigate, or cure” these conditions. The U.S. Food and Drug Administration (FDA) even warned the company in August 2019 that making such claims without FDA-approval constituted a violation of federal law, the case says.

“Balance of Nature’s representations regarding the efficacy and health benefits of the products on their labels, webpages and other marketing and advertising media and materials is [sic] purposely deceptive to create a competitive advantage against compliant competitors,” the suit charges. “However, it is the consumers that ultimately suffer by this deviant and non-compliant behavior because Balance of Nature knowingly provides non-factual information in an attempt to deceive and entice sales to consumers.”

In addition to the representations with regard to preventing, treating or curing serious illnesses, Balance of Nature also advertises that its Fruits and Veggies supplements contain the “[n]utritional equivalent of over 5 servings” of fruits and vegetables, the complaint shares. The filing alleges, however, that this is misleading because the manufacturer has removed the fiber from the dehydrated produce in the capsules and, by doing so, decreased the nutritional value.

“Balance of Nature omitted and misrepresented the efficacy and health benefits of the products to drive up sales and maintain its market power, since Balance of Nature knew consumers would not purchase the products (or would pay substantially less for the products), had the products’ true efficacy been advertised and represented to consumers,” the filing argues.

The lawsuit looks to represent anyone in the United States who purchased any of the products listed on this page in the past four years.

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