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Hodges & Foty, LLP > Pharmacy Error  > Can You Sue for False Advertising For Over-the-Counter Supplements?

Can You Sue for False Advertising For Over-the-Counter Supplements?

Legally reviewed by David W.Hodges and Don J. Foty

In the supplement industry, the integrity of advertising is paramount, as it ensures consumers make informed decisions based on accurate information. Over-the-counter supplements, often marketed with promises of health benefits, require truthful advertising to avoid misleading consumers. Deceptive practices can lead to serious consequences, including harm to consumer health and legal actions against manufacturers or distributors. 

Possessing considerable expertise and a thorough grasp of Texas legislation, our firm is adept at assessing and advancing claims linked to negligence by healthcare practitioners or pharmacies causing patient harm. Hodges & Foty, LLP is committed to providing each case with the individualized focus it requires. Discover how we can cater to the specific needs of your case today by reaching out through our contact form or by directly calling our office at (713) 523-0001.

When Can You Sue for False Advertising? 

It is crucial for companies to adhere to stringent advertising standards to maintain consumer trust and avoid legal repercussions. For example, advertisements must incorporate the following essential information prominently:

  • The drug’s name (both brand and generic)
  • At least one FDA-approved application of the drug
  • The most significant risks associated with the drug
  • A balanced presentation of the drug’s benefits and risks
  • A concise summary of the drug

When the advertisement fails to meet this criteria, consumers are put at serious risk of harm. It is important to note, however, that identifying an advertisement as misleading is only the first step. To build a case against the manufacturer, it must be demonstrated that the drug poses a significant risk of harm or has already caused harm as a direct result of the misleading advertisement. It is not enough for the supplement to have only been incorrectly advertised. 

How a Board-Certified Personal Injury Lawyer Can Help

If you believe you have been misled by false advertising for over-the-counter supplements, the team at Hodges & Foty, LLP recommends taking several key steps. First, hold on to all evidence related to the misleading claims. Next, report the issue to regulatory bodies such as the FDA or FTC, which oversee advertising practices and consumer safety. Finally, we recommend you consult with legal professionals, such as our team, to explore your options for recourse. We are more than happy to act as your guide through the often overwhelming process, offering expert advice and representation.

While you focus on resting and recovering after your supplement mishap, we will get to work on important legal aspects of your case, ensuring you get the compensation required to heal. False-advertising will often result in a class-action lawsuit, which will consolidate the claims of multiple plaintiffs into a single lawsuit, amplifying the voices of those affected and increasing the likelihood of holding the responsible parties accountable. Class-action suits are an effective way of streamlining the litigation process, reducing the burden on individual plaintiffs. At Hodges & Foty, LLP, we are well-versed in managing class-action claims, ensuring your concerns are addressed while pursuing the maximum possible compensation. 

Injured Due to False Advertising? Schedule a Free Consultation With a Knowledgeable Attorney Today

Have you been misled by false advertising in Texas and are pondering your legal recourse? At Hodges & Foty, LLP, our board-certified personal injury attorneys excel in navigating the complexities of false advertising claims, dedicating our expertise to those deceived by misleading product representations. Whether the issue stems from exaggerated claims in a local store’s advertising or deceptive pharmaceutical marketing by national brands, our skilled legal team is committed to elucidating your rights and exploring potential legal actions.

We stand as staunch advocates for countless individuals impacted by false advertising, striving to secure the justice and compensation they rightfully deserve. If you suspect you have fallen victim to false advertising and seek to hold the responsible parties accountable, we invite you to connect with our proficient team at (713) 523-0001 or through our contact form. At Hodges & Foty, LLP, we pride ourselves on our dedication to offering tailored legal counsel and representation, ensuring your case receives the attention it deserves.

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