Miracle Moo, a brand of bovine colostrum supplements marketed with bold claims of scientific validation and immunity-boosting benefits, is now at the center of a proposed class action lawsuit. The lawsuit alleges that Miracle Moo, Inc. has engaged in deceptive advertising, misleading consumers into believing their products are “powered by science” and “clinically dosed,” when these claims are not substantiated by scientific evidence. This legal challenge raises important questions for consumers considering where to buy Miracle Moo and what to believe about its purported health advantages.
The 27-page complaint asserts that Miracle Moo has created a “false aura of scientific and pharmaceutical legitimacy” to command premium prices for its bovine colostrum products. This alleged scheme, the lawsuit contends, violates New York consumer protection law by promoting health and disease claims that lack support from credible clinical studies. Furthermore, the lawsuit points out that these health claims are presented without the necessary disclaimers mandated by the FDA, and without the agency’s approval.
According to the legal filing, “…the existing body of scientific literature indicates that none of Defendant’s purported health benefits have been scientifically proven.” This lack of scientific backing, the lawsuit argues, renders Miracle Moo supplements, despite their popularity on platforms like TikTok, as unapproved and misbranded “new drugs” under the Federal Food, Drug, and Cosmetic Act. Consequently, these products are deemed illegal to sell and essentially worthless, according to the allegations. The lawsuit further claims that Miracle Moo has been “unjustly enriched” at the expense of consumers due to these deceptive practices.
Bovine colostrum, the primary ingredient in Miracle Moo supplements, is described in the lawsuit as a nutrient-dense pre-milk produced by female mammals after birth. While colostrum is known to be rich in immune-boosting components vital for newborns, the lawsuit highlights a recent marketing trend of promoting colostrum supplements to adults. Miracle Moo is accused of capitalizing on this trend with unsubstantiated claims.
Miracle Moo reportedly markets its colostrum supplements as capable of delivering a wide array of health benefits. These purported benefits include enhancing immunity, strengthening gut health, repairing leaky gut, fighting infections, reducing bloating, easing digestive issues, combating inflammation, promoting hair growth, aiding muscle recovery, and improving sleep and calmness. The lawsuit emphasizes that the plaintiff and other consumers relied on these representations when deciding to purchase Miracle Moo supplements, believing that the products were scientifically and pharmaceutically validated and supported by clinical research, as Miracle Moo allegedly advertised.
The lawsuit also points out the absence of a crucial disclaimer on Miracle Moo supplement packaging. This disclaimer, typically required for dietary supplements making health claims, states that the product has not been evaluated by the FDA and is not “intended to diagnose, treat, cure, or prevent any diseases.” The absence of this disclaimer further strengthens the lawsuit’s argument that Miracle Moo is misleading consumers.
Referencing a Truth In Advertising article on colostrum supplements, the lawsuit states that Miracle Moo “does not point to a single study” to substantiate its health and disease claims. Moreover, when Truth In Advertising (TIA) and Forbes reached out to Miracle Moo for comment on the lack of evidence supporting their efficacy claims and whether their supplements have been tested, the company reportedly “chose not to” and “did not respond to multiple requests for comment.” This lack of transparency, the lawsuit suggests, further undermines the credibility of Miracle Moo’s marketing claims.
The lawsuit emphasizes that the prevailing scientific consensus does not support the immune- or gut-health claims made by Miracle Moo for its colostrum supplements. It argues that based on Miracle Moo’s advertising, the products should be classified as “drugs,” not dietary supplements, and therefore fall under FDA regulation. The lawsuit concludes that Miracle Moo has not sought FDA approval for its products as “new drugs,” and thus, their sale is illegal and constitutes misbranding under the FDCA.
The proposed class action seeks to represent all individuals in the United States who purchased Miracle Moo colostrum dietary supplements for personal or household use, and not for resale, within the maximum legal timeframe. As consumers explore options for where to buy health supplements, this lawsuit serves as a critical reminder to scrutinize marketing claims and seek scientific evidence before making purchasing decisions, especially when it comes to products promising significant health benefits.
