Popular Multivitamin Gummies for Kids Missing Key B Vitamins, Class Action Alleges

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Sundown Kids Multivitamin Gummies False Ad Class Action Lawsuit: 

• Who: Rexall Sundown, Inc., Naturesmart, LLC, and the Bountiful Company are facing a false advertising class action lawsuit for their film and comic themed Sundown Kids Multivitamin Gummies.
• What: The plaintiffs allege that the companies violate federal and state business and advertising laws by labelling the vitamins as containing “13 Essential Nutrients” when they do not have B1, B2, or B3.
• Where: The lawsuit was filed in New York and is for consumers nationwide.

Sundown Kids multivitamin gummies, which come in popular themes, such as Frozen 2, Spider Man, and other cartoon and comic characters, are falsely advertised as containing all B vitamins, when they don’t include B1, B2, or B3, a new class action lawsuit alleges.

The lawsuit was filed in New York Tuesday by plaintiffs Holly Weinstein, Peggy Rodriguez, Andrea DiMario, and Crystal Younger. The plaintiffs allege that Rexall Sundown, Inc., Naturesmart, LLC, and the Bountiful Company — who sell Sundown Kids vitamins — violate federal and state business and advertising laws by labelling the vitamins as containing “13 Essential Nutrients.”

Both the Food and Drug Administration and the National Institute of Health recognize 13 vitamins in total: Vitamins A, C, D, E, K, B1, B2, B3, B5 (pantothenic acid), B6, B7 (biotin), B9 (folate), and B12.

As such, the companies’ representations of “13 Essential Nutrients” is deceptive and misleading, as it reinforces that the gummies contain all the B Vitamins when they do not, the claim alleges.

“Unbeknownst to consumers, the Products labeled as ‘Complete’ and containing the ‘B Vitamins’ do not contain Vitamin B1 (thiamine), Vitamin B2 (riboflavin), and Vitamin B3 (niacin),” the group, who all purchased the vitamins for their children, allege.

Sundown Kids Multivitamin Gummies Class Action

The multivitamin gummies feature different film and comic book characters, but have the same label representations and the same product formulation.

Some of the affected products include: 

• Disney and Pixar Incredibles 2 Multivitamin Gummies
• Disney and Pixar Toy Story 4 Complete Multivitamin Gummies
• Disney Frozen 2 Complete Multivitamin Gummies
• Marvel’s Spider-Man Complete Multivitamin Gummies
• Star Wars Complete

They say that although the companies changed the misleading labels last year — adding a diamond-shaped symbol next to the word “Complete” which refers consumers to the rear label where “B Vitamins” has been modified to read “select B Vitamins” — they still sell mislabeled bottles online.

The claim states that the parents bought the products believing that they were complete multivitamin gummies and contained all the B vitamins, adding that they had suffered injury as a result of the companies’ deceptive practices. 

The group wants to represent a nationwide class of consumers, along with several state subclasses. 

They are suing for violations of state consumer protection laws, misrepresentation, fraud, breach of warranty, and unjust enrichment. They seek damages, restitution, declaratory and injunctive relief, certification of the Class, and a jury trial.

SmartyPants multivitamins have also been falsely represented as “Complete” and containing “Essential” nutrition, according to a class action lawsuit filed earlier this year. Bayer has also been accused of misrepresenting popular Flintstone kids vitamins in a class action lawsuit.

Have you purchased Sundown Kids multivitamin gummies? Tell us what you think about this lawsuit in the comments section below!

 The plaintiffs are represented by Joseph P. Guglielmo and Sean T. Masson of Scott+Scott Attorneys At Law LLP, and Gary M. Klinger, Gary E. Mason and David K. Lietz of Mason Lietz & Klinger LLP.

The Sundown Kids Multivitamin Gummies Class Action Lawsuit is Weinstein, et al., v. Rexall Sundown, Inc., et al., Case No. 2:21-cv-05378 in the U.S. District Court for the Eastern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

• Irwin ‘Naturals’ Supplements Aren’t Actually Natural, Class Action Lawsuit Alleges
• SmartyPants Multivitamins Not ‘Complete’ or ‘Essential’ Nutrition, Alleges Class Action Lawsuit
• A Guide to Essential Nutrients in Multivitamins
• How Does the National Advertising Division Monitor False Labels on Multivitamins?