At nearly every grocery store or convenience store, you will find an abundance of dietary supplements that claim a variety of health and beauty benefits.[1] These dietary supplements have forged a deep-rooted hold on society, so much so that you likely know someone who takes a dietary supplement daily.[2] The CRN Consumer Survey found that 74 percent of U.S. adults take dietary supplements and 92 percent of supplement users consider it essential to maintain their health.”[3] However, these supplements are likely not helping you—in fact, many falsely advertise their efficacy.[4]
In August 2024, Zimmerman Reed, a class-action litigation firm, launched an investigation into Kourtney Kardashian’s Lemme dietary supplement brand.[5] Zimmerman Reed claims that the brand has “violated consumers’ rights by misleadingly and deceptively marketing its products.”[6] Kourtney Kardashian’s brand claims to use well-researched and tested ingredients that are proven to result in their respective desired effects.[7] However, Zimmerman Reed argues that the ingredients used are dosed at far lower rates than when studied[8] – while she is using effective ingredients, she is not using enough of them. Scrutiny over Lemme’s advertising claims draws attention to a larger issue: the lack of stringent regulation for dietary supplements in the United States.[9] Unlike pharmaceutical drugs, dietary supplements are not subject to the same rigorous pre-market testing and approval process.[10] This gap in regulation can lead to misleading marketing, safety concerns, and public health risks; and, unfortunately, false advertising in the dietary supplement industry is a common issue.[11]
Both the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) have roles in regulating dietary supplements and ensuring that they are marketed truthfully.[12] The FTC has guidelines in place that require advertisers to have adequate substantiation for health claims made about their supplements.[13] However, since dietary supplements are considered a food, not a drug, “there are no provisions in the law for the FDA to approve dietary supplements for safety before they reach the consumer.”[14] The lack of legal scrutiny on dietary supplements means the FDA is limited to post-market enforcement—meaning companies can market products with questionable claims until they are challenged legally by consumers.[15] This reactive approach allows for a proliferation of products that may not deliver on their promises, misleading consumers into believing they are purchasing something with proven health benefits.[16]
The Lemme case is not isolated. Numerous dietary supplements have been found to contain harmful substances or lack the ingredients they claim to have. For instance, in 2015, the New York Attorney General’s office investigated major retailers like GNC and Walmart, finding that many of their herbal supplements did not contain the ingredients listed on their labels.[17] In 2020, Muscle Milk lost their false-advertising class action lawsuit for including the word “lean” on products without ingredients to back up the claim.[18] False advertising can have serious health implications. Consumers might delay seeking proper medical treatment in favor of trying a supplement they believe will help with their condition. Additionally, some supplements might interact negatively with prescription medications, leading to adverse effects.[19]
Experts argue that stricter regulation is necessary to protect consumers from false advertising and ensure that supplements are both safe and effective.[20] Unlike drugs, dietary supplements are not required to undergo clinical trials to prove their safety and efficacy.[21] This lack of oversight allows companies to market their products with little to no evidence supporting their claims. Implementing stricter regulations could involve requiring pre-market approval, mandating clinical trials, or establishing clearer labeling and advertising guidelines.
Additionally, The FDA and FTC should work together more effectively to preemptively address false advertising in the dietary supplement industry. For instance, requiring companies to submit evidence supporting their health claims before marketing their products would ensure that only supplements with proven benefits reach consumers.
The lawsuit against Kourtney Kardashian’s Lemme brand highlights that the current lack of regulation allows for potential misuse and misleading marketing practices. It is crucial to address these gaps to ensure that dietary supplements are safe, effective, and accurately labeled. While dietary supplements can play a role in promoting health and wellness, stronger regulatory oversight is needed to protect consumers and ensure that these products deliver on their promises.
Daniella Auerbach is a Second Year Law Student at the Benjamin N. Cardozo School of Law and a Staff Editor at the Cardozo Arts & Entertainment Law Journal. Daniella is interested in entertainment, sports, and corporate law.
[1] Julia Ries, Supplements That Promise to Make You Prettier, Healthier, Better Are Everywhere. Here’s What the Science Says, Self (May 22, 2024), https://www.self.com/story/do-supplements-work [https://perma.cc/3N6P-TFMB].
[2] Three-quarters of Americans Take Dietary Supplements; Most Users Agree They are Essential to Maintaining Health, CRN Consumer Survey Finds, CRN The Science Behind the Supplements (Oct. 5, 2023), https://www.crnusa.org/newsroom/three-quarters-americans-take-dietary-supplements-most-users-agree-they-are-essential [https://perma.cc/NK5B-C68G].
[3] Id.
[4] Ranjani R. Starr, Too Little, Too Late: Ineffective Regulation of Dietary Supplements in the United States, Am J Public Health 478, 478 – 480 (2015). https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4330859/ [https://perma.cc/LT2U-M6TB].
[5] Meredith Clark, Kourtney Kardashian’s Lemme supplement brand faces class action lawsuit over deceptive advertising, The Independent, https://www.msn.com/en-ca/health/wellness/kourtney-kardashian-s-lemme-supplement-brand-faces-class-action-lawsuit-over-deceptive-advertising/ar-AA1pkawT [https://perma.cc/NE5V-V5G4] (last visited Sept. 17, 2024).
[6] Lemme Deceptive Advertising Claims, Zimmerman Reed, https://zrclaims.com/lemme/ [https://perma.cc/X3FJ-E6DX] (last visited Sept. 17, 2024).
[7] what’s inside, Lemme, https://lemmelive.com/pages/the-proof [https://perma.cc/Q58K-6CGB] (last visited Sept. 17, 2024).
[8] Zimmerman Reed, supra note 6.
[9] Questions and Answers on Dietary Supplements, U.S. Food & Drug Administration, https://www.fda.gov/food/information-consumers-using-dietary-supplements/questions-and-answers-dietary-supplements (last visited Sept. 17, 2024).
[10] Id.
[11] Gashaw Hassen et al., Clinical Implications of Herbal Supplements in Conventional Medical Practice: A US Perspective, Cureus (2022), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9375827/ [https://perma.cc/8WQA-E56Q].
[12] U.S. Food & Drug Administration, supra note 9.
[13] Dietary Supplements: An Advertising Guide for Industry, https://www.ftc.gov/system/files/documents/plain-language/bus09-dietary-supplements-advertising-guide-industry.pdf [https://perma.cc/CET4-K82S].
[14] U.S. Food & Drug Administration, supra note 9.
[15] Id.
[16] Anahad O’Connor, New York Attorney General Targets Supplements at Major Retailers, The N.Y. Times (Feb. 3, 2015 https://archive.nytimes.com/well.blogs.nytimes.com/2015/02/03/new-york-attorney-general-targets-supplements-at-major-retailers/ [https://perma.cc/9ARM-E7ZY].
[17] Id.
[18] Christina Spicer, Muscle Milk Class Action Resolved in $12M Deal, Top Class Actions (Mar. 10, 2020),
https://topclassactions.com/lawsuit-settlements/consumer-products/supplements/muscle-milk-class-action-resolved-in-12m-deal/ [https://perma.cc/9UHH-7C4T].
[19] Gashaw Hassen et al., Clinical Implications of Herbal Supplements in Conventional Medical Practice: A US Perspective, Cureus (2022), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9375827/ [https://perma.cc/8WQA-E56Q].
[20] USP Global Public Policy Position: Regulatory reform is necessary to help ensure the quality of dietary supplements, https://www.usp.org/sites/default/files/usp/document/public-policy/USP_Policy%20Position_DietarySupplements_2024.pdf [https://perma.cc/MU8Q-ZNHJ].
[21] U.S. Food & Drug Administration, supra note 9
