Your Legal Rights
New York has some of the strongest consumer protection laws in the country. Here's what they actually say — in plain language — and what they might mean for you.
The Legal Framework
You don't need to know case law. But understanding these two statutes explains why a supplement company that lied on its label faces real legal exposure — and why you may have a claim.
Section 349 prohibits any business from engaging in "deceptive acts or practices in the conduct of any business, trade or commerce." A practice is deceptive if it is likely to mislead a reasonable consumer. Crucially, Section 349 allows individual consumers to bring private lawsuits — no government agency needs to act on your behalf.
If you prove a violation, you are entitled to actual damages or $50 (whichever is greater), and the court may award up to three times your damages (treble damages) plus attorney's fees if the violation was willful.
In plain terms: If a label says "1,000 mg of active ingredient" and the product contains 200 mg, that false statement is exactly the kind of deception Section 349 was designed to address. You do not need to prove physical harm — you need to show you were misled and it affected your purchasing decision.
Section 350 specifically prohibits "false advertising in the conduct of any business." False advertising means advertising that is misleading in a material respect — including by omission of facts necessary to make it not misleading. In supplement cases, label claims — which courts treat as advertising — fall squarely within its scope.
Like Section 349, Section 350 allows private suits with statutory damages, treble damages for willful violations, and attorney's fees.
In plain terms: When a brand says "Tested & Verified" or "Contains 5,000 IU of Vitamin D3" or "No heavy metals detected," those are advertising claims. If they're false — and testing shows they often are — Section 350 provides a specific cause of action to challenge them.
Where contamination with toxic substances caused actual physical harm — elevated blood lead levels, neurological effects, or organ strain — products liability claims may be available in addition to consumer fraud claims. These include strict liability, negligence, and breach of warranty.
In plain terms: If you've had elevated blood lead or heavy metal levels, or if a family member — especially a child or someone who was pregnant — experienced health effects that could be linked to chronic supplement use, this may significantly strengthen your available claims.
Class Actions Explained
A class action allows one case to represent many people harmed by the same conduct. Your individual loss may be $60 for a tub of protein powder — not enough to justify solo litigation. But if 200,000 people bought that same product based on the same false label, the collective claim becomes meaningful.
Class actions also serve a public interest function: they force companies to confront systemic misconduct they might otherwise absorb as a cost of doing business.
We evaluate both individual and class action options for every consultation and recommend what makes more sense for your situation.
What You Need
You bought the supplement. Doesn't require a receipt — order history, bank records, loyalty programs may be sufficient.
→ Commonly establishedThe label or advertising said something false or misleading that affected your purchasing decision — an ingredient claim, purity claim, or safety claim.
→ Supported by third-party testingGBL §§ 349 and 350 have a 3-year period. When the clock starts depends on when you discovered — or should have discovered — the problem.
→ Worth discussing with usYou purchased in New York or are a New York resident. The transaction should have some nexus to New York.
→ Usually straightforwardFor a class action, the specific product must have been tested and found deficient. We verify this during the consultation.
→ We check this for youNot required for consumer fraud claims — but if documented, significantly changes the damages picture.
→ Strengthens the claimAn Honest Picture
New York's GBL statutes are genuinely powerful for consumers. They don't require proof of physical harm, they allow attorney's fees on top of damages, and courts apply them broadly.
Third-party testing from ConsumerLab and Consumer Reports provides credible, peer-reviewed evidence of misrepresentation — which is usually the hardest element to prove. Here, it's already done.
Class actions can proceed on behalf of purchasers who may not even know about the litigation — meaning the pool of recoverable damages can be large.
Consumer class action settlements often yield modest individual recoveries — sometimes $10–$50 in cash or a voucher. The greater value is frequently accountability and industry change.
Litigation takes time. Most supplement cases resolve through demand and negotiation, but if litigation is required, it can take 1–3 years.
Not every supplement failure gives rise to a viable claim. We will tell you honestly if we don't think your situation warrants pursuing — and we won't take a case we don't believe in.
The consultation is free, confidential, and carries no obligation. We check your product, evaluate your facts, and give you a straight answer.