Theraworx Muscle Cramp Reliever Deceptive Advertising New York Class Action

Avadim Health, Inc. offers a product called Theraworx Muscle Cramp & Spasm (MCS) Relief Foam that contains the active ingredient magnesium sulfate and that is sold with a knee compression sleeve. Avadim makes certain claims for the Theraworx MCS which the complaint for this class action alleges are “false, deceptive and misleading.” In fact, the complaint alleges, “These claims were recently the subject of a decision by the National Advertising Division (NAD) which concluded the claims and marketing were not accurate and misleading.”

The class for this action is all those who live in New York who bought the product during the applicable statutes of limitations.

The Theraworx product is similar to other externally-applied pain relief products which contain different active ingredients. The Food and Drug Administration (FDA) has issued a monograph on such products that permits the indications for use to say, “For the temporary relief of minor aches and pains of muscles and joints” and which may be followed by “associated with” and a selection of one or more of the following choices: simple backache, arthritis, strains, bruises, and sprains.

The FDA monograph is quoted in the complaint as saying that “the indications for [over-the-counter] external analgesic drug products should emphasize that these products relieve only minor pain and have an action that is only temporary.”

However, the complaint alleges that the Theraworx product suggests that it offers more, even though magnesium sulfate has not been found to be generally recognized as safe or to be effective for the stated conditions. For example, the front label includes the claims, “Muscle Cramp and Spasm Relief,” “Prevents Cramps & Spasms,” “Releases Muscle Tightness,” and “Reduces Muscle Soreness.” Online marketing materials claim that it provides “Fast-Acting Muscle Cramp Relief,” “Prevents cramps and spasms,” and “Reduces the severity of symptoms associated with RLS [restless leg syndrome].”

Also displayed are the claims, “Healthcare professionals recommend Theraworx relief” and that the product is “clinically proven” to do various things. However, the complaint alleges that it does not meet the requirements for either of these assertions.

The complaint asserts, “[Avadim] has offered five studies in support of its claims, which fail to establish the Product is effective in support of its muscle cramp and spasm relief claims.” In addition, the complaint says that “the time period[s] of the studies were several weeks long, which is inconsistent with the ‘fast-acting’ claims.” Among other things, the complaint claims that “[m]ore than half the studies were not blinded” and they did not involve “adequate controls or safeguards” to rule out bias.

Furthermore, the claims about healthcare professionals were not supported by evidence.

The complaint sums its allegations up this way: “There is no genuine scientific research and no scientifically reliable studies that support the extraordinary claims that the Product can provide the effects indicated.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Theraworx Muscle Cramp Reliever Deceptive Advertising New York Complaint

December 6, 2020

Avadim Health, Inc. offers a product called Theraworx Muscle Cramp & Spasm (MCS) Relief Foam that contains the active ingredient magnesium sulfate and that is sold with a knee compression sleeve. Avadim makes certain claims for the Theraworx MCS which the complaint for this class action alleges are “false, deceptive and misleading.” In fact, the complaint alleges, “These claims were recently the subject of a decision by the National Advertising Division (NAD) which concluded the claims and marketing were not accurate and misleading.”

Theraworx Muscle Cramp Reliever Deceptive Advertising New York Complaint

Case Event History

Theraworx Muscle Cramp Reliever Deceptive Advertising New York Complaint

December 6, 2020

Avadim Health, Inc. offers a product called Theraworx Muscle Cramp & Spasm (MCS) Relief Foam that contains the active ingredient magnesium sulfate and that is sold with a knee compression sleeve. Avadim makes certain claims for the Theraworx MCS which the complaint for this class action alleges are “false, deceptive and misleading.” In fact, the complaint alleges, “These claims were recently the subject of a decision by the National Advertising Division (NAD) which concluded the claims and marketing were not accurate and misleading.”

Theraworx Muscle Cramp Reliever Deceptive Advertising New York Complaint
Tags: Claims Unsupported By Scientific Evidence, Deceptive Advertising, Deceptive Labels