Attorney Advertising  ·  Prior results do not guarantee a similar outcome  ·  Free & confidential case review
The problem

A $60 billion industry
that grades its own homework.

Dietary supplements are sold under a law that trusts manufacturers to police themselves. Independent testing shows, over and over, that many don't. Below: the eight deceptive practices that keep showing up, and the lab results that prove them.

88%Melatonin gummies mislabeledJAMA, 2023
4/6Creatine gummies failedSuppCo, 2025
9×Lead in plant vs. dairy proteinConsumer Reports, 2025
1/23CoQ10 brands met labelNOW Foods, 2022
The law that created this

DSHEA, 1994.

The Dietary Supplement Health and Education Act flipped the burden of proof. Before it, a company had to show a product was safe. After it, the FDA has to prove a product is unsafe — and only after it's already on shelves.

Supplement makers write their own labels, choose their own "standards," and self-certify compliance. No agency verifies the dose, the purity, or the ingredient form before sale.

What "tested" actually means.

"Third-party tested" may mean one batch was checked for bacteria — not heavy metals, not whether the dose is right. "Clinically studied" often refers to the raw ingredient in general, not the product in your hand. "Lab verified" has no definition at all.

The only consistent check on this market is independent organizations buying products at retail and publishing what they find. That's the evidence below.
The catalog

Eight deceptive practices,
and the testing that caught them.

These aren't isolated incidents. Each pattern below has been documented across multiple brands, multiple years, and multiple independent labs.

01

Underdosing

The label promises a dose. The product delivers a fraction of it — sometimes close to nothing. This is the single most common failure in supplement testing, and it's a textbook false-advertising claim: the number on the front is simply untrue.

What testing found

  • Four of six best-selling creatine gummies bought on Amazon failed; one top-rated product delivered roughly 0.005 g against a labeled 5 g — under 0.1%.SuppCo Tested, 2025
  • NOW Foods tested 12 creatine gummy brands by HPLC: five contained little to no creatine, a 46% failure rate.NOW Foods quality program, 2024–25
  • Of 23 quercetin brands sold on Amazon, only three met label claim; one tested at 4% of claim. Of CoQ10 brands tested, only one met label; the rest had 30% or less.NOW Foods / Eurofins, 2022
  • Vitamin D pills from grocery stores contained 9% to 140% of the labeled dose.JAMA Internal Medicine, 2013
  • Multiple turmeric, ashwagandha, and glucosamine products contained less than half the claimed active compound.ConsumerLab.com, multiple reviews
02

Overdosing

The opposite problem, and in some categories the more dangerous one. Products that deliver two or three times the label dose — especially sleep aids and children's products — expose consumers to amounts they never agreed to take.

What testing found

  • Of 25 melatonin gummy brands, 22 (88%) were inaccurately labeled. Actual melatonin ranged from 74% to 347% of the label. Only three were within ±10%.JAMA research letter (Cohen et al.), April 2023
  • A children's vitamin D gummy contained 251% of its listed amount.ConsumerLab.com vitamin D review
  • Several popular children's multivitamins exceeded Tolerable Upper Intake Levels for certain nutrients.ConsumerLab.com multivitamin review
03

Heavy-metal contamination

Lead, cadmium, arsenic, and mercury — present in the product, absent from the label. There is no enforceable federal lead limit for supplements, so companies rarely test for it and never disclose it. Plant-based products are the worst offenders because the plants absorb metals from soil.

What testing found

  • Consumer Reports tested 23 protein powders and shakes. Lead in plant-based powders averaged nine times that of dairy-based products. Naked Nutrition Mass Gainer contained 7.7 µg of lead per serving and Huel Black Edition 6.3 µg — against CR's level of concern of 0.5 µg per day.Consumer Reports, October 2025
  • Clean Label Project's protein powder study found widespread contamination across 134 products, with "clean"-branded products among the worst.Clean Label Project
  • Vitamin D / calcium / vitamin K combination products were found contaminated with lead; more than half of multivitamins in one review were contaminated, didn't dissolve, or were mislabeled.ConsumerLab.com
  • Ayurvedic herbal products carry Prop 65 warnings for lead and mercury and have the highest heavy-metal failure rates of any category in FDA enforcement data.FDA warning letters; CA Prop 65
04

Ingredient substitution

The label names a premium form of an ingredient; the bottle contains a cheaper one. The total amount may even check out — but the form the customer paid for isn't there. This is deception by chemistry.

What testing found

  • Of 16 "magnesium glycinate" products from Amazon, 12 met the claim for total magnesium — but almost all failed when tested for the chelated (glycinate) form. The pattern is consistent with blending glycine with cheap magnesium oxide and labeling it glycinate.NOW Foods, December 2022
  • Creatine products in liquid, effervescent, and chewable forms repeatedly failed where standard powders passed, with one "100% stable, pure creatine" liquid containing virtually none.ConsumerLab.com
05

Potency-labeling tricks

Legal-looking numbers that mean something other than what a reasonable buyer assumes. Listing the weight of a compound instead of the active element. Burying a yield percentage in parentheses. Claiming the raw-material weight rather than what's in the capsule.

What testing found

  • A brand claimed "750 mg magnesium glycinate" per capsule — the compound weight — when labeling rules require the elemental magnesium dose, which is a small fraction of that.NOW Foods, 2022
  • CoQ10 labeled as "Coenzyme Q-10 (yielding 6% Ubiquinone-10)": three of four brands using this phrasing failed potency testing.NOW Foods, 2022
  • Quercetin labeled "500 mg Quercetin Dihydrate (20% potency)" — a repeat violator that tested at 4% of claim.NOW Foods, 2022
06

Degradation and instability

The active ingredient was there when the product was made, then broke down into something inert before it reached you. Companies that choose formats their ingredient can't survive in — gummies, liquids — and still print the full dose are making a claim they know won't hold up.

What testing found

  • Creatine degrades into creatinine in the water-and-heat process used to make gummies. Failing gummies contained significant creatinine alongside little creatine — and even the two combined didn't add up to the label.NOW Foods, 2024–25
  • Liquid creatine products contained creatinine at 7% of creatine content, versus a 0.1% acceptable level.ConsumerLab.com
  • Fish oil / omega-3 supplements: excessive PCBs or mislabeling found in over 30% of products in one large review.ConsumerLab.com
07

Undisclosed ingredients

Substances in the product that aren't on the label at all — sometimes replacing the advertised ingredient, sometimes added alongside it. For some of these, sale as a supplement isn't even legal.

What testing found

  • One "melatonin" gummy contained no detectable melatonin but 31.3 mg of CBD. Several others contained CBD at amounts different from the label.JAMA, 2023
  • Products failed to disclose potential allergens and omitted the FDA disclaimer required for structure/function claims.ConsumerLab.com
08

Products that don't dissolve

Even when the ingredient is present in the right amount, a tablet that doesn't break apart in the body delivers nothing. Disintegration testing is standard for pharmaceuticals and routinely skipped for supplements.

What testing found

  • 52% of multivitamins in one ConsumerLab review were contaminated with lead, unable to break apart properly, or contained significantly more or less of an ingredient than claimed.ConsumerLab.com
  • A greens powder was flagged for both elevated lead and failed dissolution.ConsumerLab.com
Who's doing the testing

Independent, credentialed, published.

ConsumerLab.com

Buys products at retail; tests for content, contaminants, and dissolution. Two decades of category reviews.

Consumer Reports

Nonprofit. Its October 2025 protein investigation is the most-cited recent heavy-metal finding.

Peer-reviewed journals

JAMA and JAMA Internal Medicine have published label-accuracy studies on melatonin and vitamin D.

NOW Foods / SuppCo / Eurofins

Industry and platform testing of Amazon-sold brands using HPLC and ISO-accredited labs.

The pattern

It's a cycle, not an accident.

Company markets the product with specific claims

"Pure," "tested," "5 g per serving." Heavy influencer spend. None of these words are regulated.

Consumers buy it — often daily, for years

On a doctor's, trainer's, or influencer's recommendation, relying on the label.

Independent testing finds the gap

Underdosed, contaminated, substituted. Usually years into the product's sales run.

Company responds vaguely or reformulates quietly

"Our products meet all applicable regulations" — true, because the regulations are minimal. Refunds are rare.

Litigation creates the consequence

Consumer-fraud claims under New York law are one of the few mechanisms that attach a real cost to a false label.

Now that you know the problem,
here are your options.

New York law gives consumers tools to respond when companies deceive them. Understanding those tools costs nothing.