Osteo-Bi-Flex Labeling Stance Prompts Questions About ‘Comfort’

Second Circuit judges struggled Monday with whether the phrase “improved joint comfort” on Nature’s Bounty joint-health supplements made consumers wrongly believe the products could help with joint pain caused by arthritis.

Carol Whyble and seven other lead plaintiffs from different states are appealing dismissal of their false advertising suit alleging Nature’s Bounty misled reasonable consumers into believing the company’s four Osteo Bi-Flex products can help with symptoms of osteoarthritis, including joint pain, immobility, inflexibility, and strength, including by stating on the product label that it can improve joint comfort within seven days.

The company contends that talking about joint comfort ...