Bayer can’t escape Flintstones ‘complete’ vitamins class action

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Bayer Healthcare will be required to face a class action lawsuit over allegations that the company’s Flintstones multivitamin gummies are improperly labeled as “complete.”

Last week, U.S. District Judge John A. Kronstadt rejected Bayer’s argument that he did not have the proper jurisdiction to oversee a proposed nationwide Class.

He also opposed Bayer’s claim that the named plaintiff’s breach of warranty, fraud, and misrepresentation allegations were invalid.

Judge Kronstadt determined that the Flintstones class action lawsuit should indeed move forward, saying that Bayer’s attacks on the plaintiff’s class action “cannot be determined as a matter of law on the present record.”

Plaintiff Camille Cabrare filed the Flintstones gummy vitamins class action lawsuit in November 2017. She claimed that the vitamins were mislabeled as “complete” and should not be touted as such because they do not contain all vitamins.

She seeks to represent herself and any customers around the country who purchased the vitamins. She also seeks to represent a subclass of California consumers who purchased the vitamins, bringing fraud claims under California state law.

According to Cabrare, both the original version of the Flintstones gummies and the sour variety bear the word “complete” in large capital letters on their front label.

She argues that “by representing that each of the products is a ‘complete’ multivitamin supplement, [Bayer warrants] to consumers of the products that the products contain all of the vitamins.”

The plaintiff says that this is a misrepresentation because the products do not contain vitamin K, vitamin B1 (thiamin), vitamin B2 (riboflavin) or vitamin B3 (niacin).

Bayer shot back at this argument, saying that no reasonable consumer would believe that a multivitamin would contain every vitamin. 

In addition, Bayer argued that the word “complete” is not interchangeable with the term “all,” and based on this, moved to dismiss Cabrare’s claims that she brought under the California Consumers Legal Remedies Act, Unfair Competition Law, and a false advertising statute.

Judge Kronstadt determined that Bayer did not find sufficient fault with Cabrare’s claims, saying that the allegations of the class action “are sufficient to state a claim that the word ‘complete’ on the labeling could give rise to a reasonable inference or belief that the product contains ‘all’ vitamins.”

Judge Kronstadt went on to then say that “the effect of the disclosures on the supplement facts label cannot be determined as a matter of law on the present record,” denying Bayer’s bid to dismiss Cabrere’s claims that the company had breached warranty and committed fraud.

Judge Kronstadt also disagreed with Bayer’s claims that he did not have appropriate jurisdiction to oversee a nationwide Class.

Cabrare is represented by Benjamin Heikali and Joshua Nassir of Faruqi and Faruqi LLP.

The Flintstones gummy vitamins labeling class action lawsuit is Camille Cabrera v. Bayer Healthcare LLC, et al., Case No. 2:17-cv-08525, in the U.S. District Court for the Central District of California.

UPDATE: On March 19, 2020, customers who filed a lawsuit over claims that Flintstones “complete” gummy vitamins do not live up to their advertisements are asking for Class certification.