Lactaid Class Action Lawsuit: Are Health Claims Misleading?

Case Overview: A class action lawsuit has been filed against McNeil Nutritionals, alleging that Lactaid supplements make misleading health claims about treating lactose intolerance.

Consumers Affected: Consumers who purchased Lactaid supplements.

Court: U.S. District Court for the Eastern District of Massachusetts

A new lawsuit has been filed against McNeil Nutritionals, the makers of Lactaid supplements, accusing the company of misleading consumers by claiming that its products prevent or treat symptoms of lactose intolerance. 

The lawsuit argues that Lactaid's labeling and advertising unlawfully suggest that the supplements are drugs, despite not having the necessary FDA approval, and it challenges the health claims on the supplements alleging the brand’s owner tricked consumers.

Lactaid Supplements Accused of Making False Claims About Lactose Intolerance Treatment

Kristin DiCroce, a Massachusetts resident, filed the proposed class action lawsuit claiming she purchased Lactaid supplements on multiple occasions over the last four years, believing the product’s labeling, which stated that it could help treat or prevent the symptoms of lactose intolerance. 

DiCroce says the labels and advertisements misled her into thinking that Lactaid had met all legal and regulatory requirements for such claims. Had the product been accurately labeled without these health claims, she says that she would not have purchased it.

DiCroce's lawsuit targets McNeil Nutritionals, a subsidiary of Johnson & Johnson, for allegedly violating both state and federal laws that prohibit companies from making false or misleading claims about a product’s health benefits. 

What Are Lactaid Supplements and How Do They Work?

Lactaid supplements are widely used by people with lactose intolerance, a condition where the body cannot properly digest lactose, the sugar found in dairy products. Lactaid contains the enzyme lactase, which helps break down lactose into more digestible sugars like glucose and galactose, preventing uncomfortable symptoms such as gas, bloating, and diarrhea.

While Lactaid is marketed as a supplement that aids digestion, it is not a drug, meaning it is not subject to the same regulatory standards as prescription or over-the-counter medications. The lawsuit contends that Lactaid’s labeling crosses the line by making claims about treating or curing a digestive disease, which, under FDA rules, can only be done by approved drugs.

Lactaid Labeling Allegedly Violates FDA Regulations and Consumer Protection Laws

Under the Food, Drug, and Cosmetic Act (FDCA), dietary supplements like Lactaid are prohibited from making claims that they diagnose, treat, cure, or prevent diseases unless they are approved by the FDA. For supplements, the FDA allows claims related to maintaining the structure or function of the body, but not disease-related claims.

The lawsuit argues that by claiming Lactaid can mitigate symptoms such as gas, bloating, and diarrhea—common complaints of people with lactose intolerance—McNeil is effectively labeling the product as a drug. Since Lactaid has not undergone the rigorous testing and approval required of drugs, these claims violate both FDA regulations and consumer protection laws. 

The lawsuit also accuses McNeil of engaging in “health fraud” by marketing the supplement in this manner.

Misleading Health Claims Prompt Consumer Lawsuits Against Food And Supplement Companies

Misleading health claims have led to numerous lawsuits against food and supplement companies in recent years. A similar lawsuit was filed against Abbott Laboratories for its Similac Go & Grow toddler drink, which allegedly misled parents with health claims that did not meet FDA regulations.

In another case, Robitussin agreed to a $4.5 million settlement over claims that its "non-drowsy" cough medicine actually caused drowsiness. This lawsuit, filed in New York, alleged that the product’s labeling misled consumers into thinking it was safe to take during the day without affecting alertness.

In the Lactaid supplements class action lawsuit, DiCroce wants to represent consumers from across the country in her claims McNeil Nutritionals violated the Massachusetts Consumer Protection Act and the state’s general business laws, as well in claims of unjust enrichment. She is seeking damages, restitution, disgorgement, fees, and costs

Case Details

• Lawsuit: DiCroce v. McNeil Nutritionals, LLC, et al. 
• Case Number: 1:21-cv-11660 
• Court: U.S. District Court for the Eastern District of Massachusetts 

Plaintiffs' Attorneys

• Brendan Bridgeland, John Peter Zavez, and Noah Rosmarin (Adkins, Kelston & Zavez, P.C.)

Have you used Lactaid supplements or similar products? Did you rely on the health claims on their labels? Share your experiences and thoughts in the comments below.