Suit claims Amazon sells ‘counterfeit’ dietary supplements

A class-action lawsuit has been filed in the US that claims it has allowed counterfeit dietary supplements to be sold on its retail platform that did not contain the stated ingredient.

The complaint – Jeremiah Delgado et al v. Amazon.com – focuses specifically on glucosamine sulfate, a dietary supplement that some people use to manage osteoarthritis and improve joint health, and accuses the online retail giant of  “unfair, unlawful, unethical…fraudulent, misleading, unconscionable, and/or deceptive sales and/or marketing.

Delgado claims in the lawsuit that he bought a bottle of Solimo Glucosamine Sulfate 2KC1 1000mg from Amazon. “a dietary supplement manufactured, marketed, and/or sold by defendant,” that on lab testing was found not to contain glucosamine sulfate, but glucosamine hydrochloride and potassium sulfate.

“Glucosamine sulfate has demonstrated clinical effectiveness for certain conditions, while other forms of glucosamine have not,” asserts the complaint.

It also notes that the labelling for the product explicitly indicates that it is distributed by Amazon Services Inc, and further notes that the wording and Solimo logo and trademark is the copyright of Amazon.com Inc or its affiliates.

Solimo is a private label brand used by Amazon for kitchen and home goods, in the same way that AmazonBasics brand is used for electronics accessories.

The suit, which is filed in the Central District of California is seeking a jury trial to settle the matter. The plaintiffs are seeking declaratory and injunctive relief, restitution, any applicable statutory and civil penalties, and damages, as well as costs.

Amazon has run into trouble in the past with regard to counterfeit dietary supplements on its platform, but earlier incidents have involved copycat products of brand-name products, listed mainly by third-party sellers, rather than one of Amazon’s private-label brands.

In 2019. For example, it warned customers about fake Align probiotic supplements claiming to be manufactured by Procter & Gamble.

In January, US trade body the Natural Products Association (NPA) said that more needed to be done to block the entry of counterfeit dietary supplements into the US supply chain.