Balance of Nature Lawsuit December 2025 Update: Federal Class Action Dismissed, California Settlement Closed
The major Balance of Nature class action lawsuit was dismissed on June 9, 2025, when a federal judge ruled the supplement company’s marketing claims did not constitute actionable deception. While this federal case failed, a separate $1.1 million California settlement completed in 2023 provided restitution to eligible consumers. As of December 2025, Balance of Nature continues operating under FDA oversight following a November 2023 consent decree that temporarily halted production before the company received authorization to resume operations five days later.
What Is the Balance of Nature Lawsuit About?
Balance of Nature faces multiple lawsuits alleging the dietary supplement company made false advertising claims about its Fruits, Veggies, and Fiber & Spice products. Plaintiffs accused the company of claiming supplements could prevent, treat, or cure serious diseases including diabetes, cancer, heart disease, and arthritis without FDA approval or scientific backing.
The FDA warned Balance of Nature in August 2019 that marketing supplements as disease treatments violated federal law. Despite this warning, lawsuits claim the company continued making unsubstantiated health claims through TV commercials, social media, and product packaging.
Key Allegations Against Balance of Nature
- False nutritional equivalency claims: Advertising stated products contained “nutritional equivalent of over 5 servings of fruits” when a dose weighed only 2 grams
- Unapproved disease treatment claims: Marketing suggested supplements could treat COVID-19, cancer, diabetes, fibromyalgia, and other serious conditions
- Sugar content concealment: Lawsuit alleged supplements contained 40% sugar but marketed as “real nutrition”
- Automatic renewal violations: California prosecutors claimed the company enrolled customers in subscription programs without proper disclosure
- Inadequate complaint handling: FDA inspections found no system to handle customer complaints about allergic reactions from unlabeled ingredients
What Happened in 2025?
The Balance of Nature lawsuit landscape shifted dramatically in 2025 with the dismissal of the major federal class action while other legal constraints remain in effect.
Federal Class Action Dismissed June 2025
U.S. District Judge Marvin E. Aspen dismissed the Illinois class action on June 9, 2025, ruling that plaintiff William Spivey was “reading too much into the product label.” The court found Balance of Nature’s marketing claims did not constitute actionable deception under consumer protection laws.
Case Details:
- Case Name: Spivey v. Evig LLC d/b/a Balance of Nature
- Case Number: 1:24-cv-00781
- Court: U.S. District Court for the Northern District of Illinois, Eastern Division
- Filing Date: January 30, 2024
- Dismissal Date: June 9, 2025
- Key Claim: Supplements are 40% sugar and provide minimal nutritional value despite costing $2.33 per day
The June 2025 dismissal means consumers who purchased Balance of Nature products based on the allegations in this specific case cannot pursue compensation through this lawsuit. Judge Aspen’s ruling essentially found that the plaintiff’s interpretation of the product marketing was overly broad and did not meet the legal threshold for consumer fraud.
California Settlement Concluded
A separate California consumer protection settlement has been finalized. Multiple California District Attorneys secured a $1.1 million judgment against Evig LLC in June 2023, with the claims period closing in November 2023.
California Settlement Terms:
- Total Payment: $1.1 million
- Consumer Restitution: $250,000
- Civil Penalties: $850,000
- Eligibility: California residents who purchased Balance of Nature Fruits, Veggies, or Fiber & Spice products within six years of the settlement
- Proof of Purchase: NOT required
- Settlement Date: June 23, 2023
- Claim Deadline: November 3, 2023 (CLOSED)
California consumers who submitted valid claims by November 2023 received their cash payments in 2024. The settlement is now permanently closed to new claims. As of December 2025, all restitution payments have been fully distributed to eligible claimants.
What Is the Current Status of the Lawsuit?
As of December 2025, the major federal class action has been dismissed, while Balance of Nature continues operating under multiple legal agreements and regulatory constraints from earlier enforcement actions.
Federal Class Action Status
Illinois Class Action (Spivey v. Evig LLC)
- Status: DISMISSED on June 9, 2025
- Court: U.S. District Court for the Northern District of Illinois
- Filed: January 30, 2024
- Dismissal Ruling: Judge ruled plaintiff was “reading too much into the product label”
- Outcome: No compensation available through this case
The dismissal of the Spivey case represents a significant victory for Balance of Nature. Judge Marvin E. Aspen found that the company’s marketing claims, while aggressive, did not meet the legal threshold for consumer fraud under Illinois law.
New York Class Action
- Case Number: 2:23-cv-08678
- Filed: November 2023
- Court: U.S. District Court for the Eastern District of New York
- Status: Active litigation (as of December 2025)
- Claims: False advertising allegations under New York General Business Law
- Current Phase: Discovery and pre-trial proceedings
The New York case continues despite the Illinois dismissal. This lawsuit alleges similar claims about misleading health benefits and unsubstantiated disease treatment representations. The outcome of this case remains uncertain as of December 2025.
Regulatory Constraints in Effect
1. FDA Consent Decree (November 2023)
The FDA obtained a permanent injunction against Balance of Nature on November 16, 2023, halting production over:
- Unapproved disease treatment claims
- Failure to implement customer complaint procedures
- Inadequate ingredient verification systems
Balance of Nature received FDA authorization to resume operations on November 21, 2023—just five days later—after demonstrating compliance with consent decree requirements. The company hired independent experts to audit practices and verify ongoing regulatory compliance.
2. California Judgment (2023)
The California Food, Drug, and Medical Device Task Force settlement prohibits Balance of Nature from:
- Making health claims without scientific support
- Claiming nutritional equivalency to whole fruits and vegetables
- Enrolling customers in automatic renewal programs without clear disclosure
- Marketing to consumers with serious diseases
3. Proposition 65 Warning Requirements (2024-2025)
A separate California settlement requires Balance of Nature to display Proposition 65 warnings about naturally occurring chemicals in products. The company must display warnings on websites when California delivery addresses are provided, effective February 1, 2025.
What Do Consumers Need to Know?
If You Purchased Balance of Nature Products
California Residents: The November 2023 claims deadline has passed permanently. Consumers who filed claims received their payments in 2024. No new claims will be accepted for the California settlement.
Illinois Residents: The federal class action was dismissed in June 2025. No compensation is available through the Spivey lawsuit. Consumers cannot pursue claims through this dismissed case.
New York Residents: A separate class action remains active in New York federal court as of December 2025. If this case proceeds to settlement or trial, potential class members will receive notice. No action is required at this stage.
Current Purchasers: Balance of Nature continues selling supplements under FDA oversight. The company operates under a November 2023 consent decree requiring ongoing compliance verification.
What About New Legal Action?
Following the June 2025 dismissal of the Illinois case, consumer protection law firms continue evaluating potential claims. Law firm Audet & Partners has indicated they are still investigating claims from consumers who:
- Purchased Balance of Nature between January 2022 and present
- Live in states with strong consumer protection laws (California, Florida, New York)
- Made recent purchases (within past 3 years) after seeing company advertisements
- Relied on specific health or nutritional claims when making purchase decisions
The dismissal in Illinois does not prevent new lawsuits from being filed in other jurisdictions or under different legal theories. The active New York case demonstrates that legal challenges continue despite the Illinois outcome.
What Are the Allegations Against Balance of Nature?
Marketing Claims Under Fire
Balance of Nature’s advertising featured celebrity endorsements and testimonials claiming health transformations:
Advertising Examples Cited in Lawsuits:
- Phil Simms endorsement: “Helps me live a better life” (aired October 2024)
- Dr. Gerard Creedon: “Fills nutritional gaps” (aired March 2025)
- Customer testimonials claiming relief from chronic conditions
- Claims of “real food, real science, real nutrition”
Scientific Substantiation Issues
Plaintiffs argued these claims lacked proper scientific validation:
- Nutritional analysis: Laboratory testing allegedly showed minimal vitamin content relative to whole fruits and vegetables
- Sugar content: Complaints alleged 40% sugar content not disclosed to consumers
- Fiber removal: Processing allegedly removed fiber, reducing nutritional value below advertised claims
- Disease treatment: No FDA approval for any therapeutic disease claims
FDA Warning History
The FDA’s August 2019 warning letter specifically cited Balance of Nature for marketing products as drugs without approval. The warning addressed claims that supplements could:
- Treat or prevent COVID-19 (coronavirus)
- Cure cancer
- Treat heart disease
- Manage diabetes
- Address arthritis symptoms
What Options Do Affected Consumers Have?
Document Your Purchase
Consumers concerned about misleading marketing should:
- Gather records: Save receipts, credit card statements, subscription confirmations, and delivery records
- Screenshot marketing: Capture current advertising claims from TV, websites, and social media
- Note health representations: Document specific health claims that influenced your purchase decision
- Track subscription charges: Review automatic renewal charges and cancellation difficulties
Legal Options
For California Residents:
- The 2023 settlement claim period has closed
- Monitor for potential future litigation or settlements
- File complaints with California District Attorneys if new violations occur
For Other States:
- Contact consumer protection law firms investigating new claims
- File complaints with your state Attorney General
- Report concerns to the FTC at ReportFraud.ftc.gov
- File complaints with FDA at www.fda.gov/safety/report-problem
Regulatory Complaints
Consumers experiencing adverse reactions or discovering ingredient issues should report to:
- FDA MedWatch: Report adverse events from dietary supplements
- FTC: Report false advertising and deceptive marketing practices
- State Consumer Protection Offices: File state-level consumer complaints
What Are the Next Steps in the Case?
Ongoing Monitoring
As of December 2024, Balance of Nature operates under:
Regulatory Oversight:
- FDA consent decree requiring ongoing compliance verification
- Independent expert audits of manufacturing practices
- Customer complaint handling system implementation
- Prohibition on unapproved disease treatment claims
California Restrictions:
- Settlement terms prohibiting specific marketing claims
- Automatic renewal law compliance requirements
- Proposition 65 warning obligations
- Ongoing District Attorney monitoring
Potential Future Litigation
Consumer protection attorneys continue evaluating potential claims for:
- Consumers who purchased after the dismissed class action was filed
- State-specific consumer protection violations
- Ongoing marketing practices post-settlement
- New advertising campaigns with questionable claims
Industry Impact
The Balance of Nature cases signal increased scrutiny of dietary supplement marketing:
- FDA enforcement: Greater focus on disease treatment claims
- State action: Coordinated multi-state task forces targeting supplement companies
- Consumer awareness: Heightened skepticism of health supplement advertising
- Regulatory compliance: Stricter manufacturing and complaint handling requirements
Frequently Asked Questions
Can I still join the Balance of Nature lawsuit?
The Illinois federal class action was dismissed on June 9, 2025, and the California settlement closed to new claims in November 2023. However, a New York class action remains active as of December 2025. You do not need to take action to join the New York class action during pre-trial proceedings. If that case proceeds to settlement or trial, the court will provide notice to potential class members. Law firms continue investigating potential new claims for consumers who purchased products between January 2022 and present, particularly in states with strong consumer protection laws.
Why was the Illinois lawsuit dismissed?
U.S. District Judge Marvin E. Aspen ruled on June 9, 2025, that plaintiff William Spivey was “reading too much into the product label.” The judge found that Balance of Nature’s marketing claims, while promotional, did not meet the legal threshold for actionable consumer fraud under Illinois law. The dismissal does not mean Balance of Nature’s marketing was truthful—only that it didn’t legally qualify as deceptive advertising under the specific legal standards applied in that case.
Do I need proof of purchase to file a claim?
The California settlement did not require proof of purchase, but that claim period ended in November 2023. Any future litigation may have different documentation requirements. Save all receipts, subscription confirmations, and marketing materials.
Is Balance of Nature still selling supplements?
Yes. Balance of Nature resumed operations on November 21, 2023, after receiving FDA authorization confirming compliance with the consent decree. The company continues selling supplements under regulatory oversight.
What did the FDA find wrong with Balance of Nature?
The FDA cited Balance of Nature for making unapproved disease treatment claims (including COVID-19, cancer, diabetes, and heart disease), failing to implement customer complaint procedures, and inadequate systems to verify ingredient accuracy. The company never admitted wrongdoing but agreed to the consent decree.
How much money did consumers receive in the California settlement?
Individual payment amounts were not publicly disclosed. The settlement allocated $250,000 for consumer restitution among eligible California residents who purchased products within six years and filed valid claims by November 3, 2023.
What makes Balance of Nature’s marketing misleading?
Lawsuits alleged the company claimed supplements provided “nutritional equivalent of over 5 servings of fruits” when capsules weighed only 2 grams, contained significant sugar content, and removed fiber during processing. The company also allegedly marketed products as treating serious diseases without FDA approval or scientific substantiation.
Can supplements really treat diseases like Balance of Nature claimed?
No. Dietary supplements cannot legally claim to prevent, treat, cure, or mitigate diseases without FDA approval. The FDA regulates supplements as foods, not drugs. Companies making therapeutic claims must prove safety and efficacy through clinical trials and obtain FDA approval.
What should I do if Balance of Nature didn’t work for me?
Document your experience, including purchase dates, health claims you relied on, and lack of results. Consider reporting to the FDA’s MedWatch program for adverse events. Consult a consumer protection attorney to discuss potential legal options. File complaints with the FTC and your state Attorney General.
Conclusion
The Balance of Nature lawsuit landscape as of December 2025 shows mixed outcomes for consumers. The major Illinois federal class action was dismissed in June 2025, dealing a setback to plaintiffs alleging false advertising. However, the earlier $1.1 million California settlement in 2023 demonstrated that some legal challenges successfully held the company accountable, with affected California consumers receiving restitution payments in 2024.
A separate New York class action remains active as of December 2025, indicating ongoing legal scrutiny of Balance of Nature’s marketing practices. The company operates under strict regulatory oversight following the November 2023 FDA consent decree, which temporarily halted operations before the company received authorization to resume five days later.
The June 2025 dismissal in Illinois does not end all legal challenges or validate Balance of Nature’s marketing claims—it simply means the specific allegations in that case did not meet Illinois’s legal standards for consumer fraud. The FDA and FTC continue to prohibit supplement companies from making disease treatment claims without proper scientific substantiation and regulatory approval.
Consumers should approach dietary supplement marketing claims with appropriate skepticism and verify health claims through credible medical sources. If you purchased Balance of Nature products based on allegedly misleading marketing, document your purchases and monitor the ongoing New York litigation. While some legal avenues have closed, law firms continue investigating potential claims for recent purchasers.
Important: This article provides general information about the Balance of Nature lawsuits and should not be considered legal advice. Consumers with specific legal questions should consult qualified consumer protection attorneys licensed in their state.
Sources:
- U.S. District Court, Northern District of Illinois (Case No. 1:24-cv-00781)
- Top Class Actions Settlement Database
- ClassAction.org Legal Filings
- FDA Warning Letters and Consent Decrees
- California District Attorneys’ Offices Official Announcements
- Audet & Partners LLP Legal Updates
- Law360 Court Reporting
Last Updated: December 2025
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About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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