Weight loss pills are renowned for exaggerating their effectiveness, whereas most of them either don’t work or aren’t as effective as advertised. The few that work might also have some unpleasant – and unstated – side effects. These effects may even be strong enough to cause harm in the long term.
In the unfortunate scenario where weight-loss drugs or supplements cause health complications, you will undoubtedly want to sue the manufacturers/distributors. However, with the laws governing such medication being vague at best, it is very likely that, as a layman, you will be confused as to what legal options to take in such a situation.
Were Your Injuries Physical?
As any personal injury attorney will advise you, your personal injury lawsuit can only succeed if you provide proof of actual bodily injury. So essentially, the said medication has to damage your organs or cause heart problems for you to stand a chance of winning a court case.
Not losing as much weight as promised is not grounds enough for a lawsuit by itself. This is because most weight loss companies often tell their users that the advertised rates of weight may not be achieved. They also indicate – in the terms and conditions section – that any weight loss program results vary across individuals.
Most weight loss pills also promote proper dieting and exercise as preconditions to losing weight. So, naturally, these factors contribute to any perceivable weight loss rather than the pill.
This means most weight loss medications do not work – at least not on their own.
However, you can’t sue the manufacturer if the diet pills don’t work as advertised. This is because personal injury cases require a clear demonstration of negligence on the part of the at-fault party. So breaking of promises, although deplorable, is at most grounds for getting a refund – not court-sanctioned compensation.
What Do You Need to Do to Win a Lawsuit Against a Weight Loss Medication?
As the ubiquity of the wellness community becomes increasingly intense, the popularity of weight loss supplements has surged over the last decade or so. But unfortunately, the whole thing has not been bereft of scandals and class action suits.
Every so often, there’s a news story about how thousands of people suffered heart and liver damage, and even depression, from taking a particular diet supplement. Some drugs have even been alleged to cause suicidal thoughts and actions.
Admittedly, weight loss medications are not the only ones with unsettling side effects. But unfortunately, most medications and therapies also have these effects on some people.
The big difference between the two is that manufacturers of weight loss pills usually don’t disclose the potentially harmful effects of their medications. This is primarily driven by the fact that, unlike prescription medications, diet pills and supplements are not as tightly regulated by the FDA.
That, however, does not mean that manufacturers are immune to prosecutions and legal action. For example, it is possible to sue the producer of a diet pill that caused you harm. You, however, have to prove that they:
- Did not perform enough testing and clinical trials of the product to determine the full range of its effects on different groups of people.
- Failed to disclose the side effects of the medication sufficiently.
- Grossly exaggerated the effectiveness of the medication to such a point that people were convinced the risks of side effects were worth taking.
- They marketed the product as safe for human use, whereas it was not.
- Did not follow the requisite protocols and procedures for manufacturing human-grade medications, resulting in serious side effects when consumed.
It may be challenging to determine whether to proceed with legal action against a diet pill manufacturer.
It is advisable to consult a personal injury attorney before proceeding with any suit to avoid losing your case and the subsequent frustrations and loss of funds.
The lawyer will not only advise you on the best way forward but can also represent you in court and ensure you get duly compensated.
