New York, NY: Walgreens is facing a consumer fraud class action lawsuit alleging its glucosamine products are falsely advertised. Specifically, the lawsuit claims that the supplements are promoted as being able to rebuild cartilage even though the lawsuit alleges that is "physically and biologically impossible."
Filed by Marc Group, the lawsuit, Group v. Walgreen Co., Case No. 9:13-cv-81105, U.S. District Court for the Southern District of Florida, alleges Group purchased Walgreen's Glucosamine Chondroitin MSM Complex Caplets at a Walgreens drugstore in Boca Raton, Florida in August 2012. He allegedly purchased the supplement based on claims on the label that the product helps to "rebuild cartilage." Citing several studies, Group alleges the rebuilding cartilage claim is "false and misleading." Specifically, a study published in the American Journal of Medicine in 2004 reported "glucosamine was no more effective than a placebo" in treating arthritis in knee. And in 2008, another 2008 study reported similar findings. In 2010, a study published in the British Medical Journal "concluded that those compounds neither reduced joint pain nor had an impact on the narrowing of joint space."
"Walgreens thus lacks a reasonable basis to represent to consumer that its products rebuild cartilage," the lawsuit states. "In fact, it is medically impossible to rebuild cartilage that has been damaged or destroyed simply by taking glucosamine and/or chondroitin supplements, however formulated."
Group is charging Walgreen with violating the Magnuson-Moss Warranty Act, which is a violation of express warranties, and the Florida Deceptive and Unfair Trade Practices Act.
The plaintiff is represented by R. Bruce Carlson and Carlos R. Diaz of Carlson Lynch Ltd. and by Benjamin J. Sweet and Edwin J. Kilpela Jr. of Del Sole Cavanaugh Stroyd LLC.
