Autumn McClain  |  April 28, 2020

Category: Legal News

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Correction: An earlier version of this article mistakenly reported that the lawsuit claims that testing has found that the vitamins do not contain nutrients as set forth on the label. The lawsuit does not make this allegation about testing. Instead, the lawsuit contends that the label states the vitamins are “complete,” yet they lack certain nutrients. The complaint states, “Church & Dwight identifies its multivitamin products as being “complete” and containing the “essential” nutrients expressly on the products’ packaging and labels. Despite the representations and warranties contained on its products packaging and labels, Church & Dwight’s products are not, in fact, “complete” by any definition of the word as they are lacking several of the essential vitamins identified by the FDA as being necessary for human health. Specifically, these products all lack vitamin K, thiamin (vitamin B-1), and riboflavin (vitamin B-2), while many of the products additionally lack niacin (vitamin B-3).” This action is still pending in court, and a judge has not rendered a decision on the merits of the claims in the lawsuit.

Church and Dwight vitamins may be mislabeled.

Church and Dwight Co. Inc. is facing a multivitamin class action lawsuit concerning the alleged misleading statements and marketing for several of their vitamin brands. If you purchased any of these vitamins, you may be eligible to join a class-action lawsuit against Dwight and Church.

According to the suit, Church and Dwight used labeling that claims their vitamins are “complete” and carry “essential” nutrients. 

Who Owns Church and Dwight? 

Church and Dwight is a publicly traded company overseen by Chief Executive Officer Matthew Farrell. The company was founded in 1846 by John Dwight and was incorporated in 1925. According to the company’s site, Church and Dwight was added to the S&P 500 in 2016. 

More important than who owns Church and Dwight is the question of what companies it owns. The company has been focused on making profits and growing through acquisitions practically since its inception, according to Funding Universe. The consumer product giant has purchased such massive companies as Unilever, USA Detergents Inc., and Carter-Wallace Inc. Also according to Funding Universe, Church and Dwight products are sold under the brand names Brillo, Arm & Hammer, Arrid, Mentadent, Nair, Trojan, Pepsodent, and Close-Up.

How Might Church and Dwight Products Be Mislabeled? 

The Food and Drug Administration (FDA), vitamins are “essential nutrients that contribute to a healthy life”. The FDA lists 13 vitamins that are essential to the body: vitamins A, C, D, E, K, and thiamine, pantothenic acid, biotin, riboflavin, niacin, vitamin B-6, vitamin B-12 and folate. It also covers nutrients that can cause harm if you don’t consume enough of them depending on the age group and attributes of the person in question including calcium, potassium, fiber, magnesium, etc.  

Church and Dwight used labeling on their vitamins that implied that all of the necessary nutrients listed by the FDA would be included in sufficient daily amounts. However, the Church and Dwight multivitamin lawsuit alleges that the vitamins in question actually lacked vitamin K, thiamine, and riboflavin, hence they were mislabeled.

Church and Dwight vitamins may be mislabeled. Which Church and Dwight Brands Are Being Investigated? 

The Church and Dwight multivitamin lawsuit calls for the investigation of Vitafusion vitamins as well as L’il Critters multivitamins. The suit states that all of the L’il Critters and Vitafusion multivitamin products are “at issue in this case”. The suit specifically lists Vitafusion Men’s Multivitamins, Vitafusion Women’s Supercharged Multi, Vitafusion MultiVites, L’il Critter Gummy Vites, L’il Critters Twisted Fruits, L’il Critter Super Mario Power Ups Complete Multivitamins, and L’il Critters Despicable Me Complete Multivitamins.

What Lawsuits Have Been Filed? 

Plaintiff Tammy Devane filed a class action lawsuit against Church and Dwight Co. Inc. in 2019. First, the suit lays out the fact that the FDA lists specific vitamins as necessary to health and that the U.S. Department of Health and Human Services (DHHS) recommends that Americans, many of whom don’t eat balanced diets, use “dietary supplements” to make sure they “meet their nutrient needs”.

The suit states that the Defendant markets its vitamins as “complete multivitamins” despite the fact that not all of the FDA’s essential nutrients are included. The suit claims that this false marketing is a “pattern repeated across all of Defendant’s multivitamin products” under the L’il Critters and Vitafusion brands.

Tammy alleges that she purchased L’il Critters Gummy Vites Complete Multivitamin products for six months with refills every three months. The labeling of the vitamins she purchased alleged they were “complete” despite not containing “all the vitamins her grandchildren needed in them”.

This case is Devane v. Church and Dwight Co. Inc., case number 3:19-cv-09899-BRM-LHG filed in the United States District Court for the District of New Jersey Trenton Division.

What Damages Can You Claim?

The Church and Dwight lawsuit doesn’t allege that any physical harm came to class members because of the actions of the consumer product company. Rather, it states that, if consumers had known that the claims made in the labeling of Dwight and Church were false, they would have made a different purchase. 

The suit calls for three separate types of award from the court. They ask for attorney fees for plaintiffs, prejudgment and post-judgement interest, and “such other relief as the Court may deem just”. Damages may cover the full purchase price of the product.

Join a Free Vitafusion & Li’l Critters Multivitamins Class Action Lawsuit Investigation

If you purchased Church & Dwight’s Li’l Critters Multivitamins, Vitafusion Women’s Complete Multivitamins, or Vitafusion Men’s Complete Multivitamins and did so in reliance on claims that the products were “complete” or contained “essential” nutrients, you may qualify to join this false advertising class action lawsuit investigation.

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This article is not legal advice. It is presented
for informational purposes only.

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11 thoughts onIs Church and Dwight Using False Advertising to Promote Their Vitamins? 

  1. SHANNON KEMP says:

    I am a Canadian and my children have been eating these vitamins since November 2020 because of the border being closed to us. We always ate Flintstone Sour gummies. There has been a recall on this product due to metal fragments being found in the vitamins. Our bottle is the lot that they have listed as being contaminated. I purchased them from Costco’s. My children have been negatively affected as well as myself. I am afraid to give them any sort of vitamin now which is not good as we are in a pandemic and need to boost our immune system. I have also learned from your site that they don’t even have the necessary vitamins that they claim they have in them. Please let me know if I can join this class action and how to start a new one for the recall. Best regards

  2. Thomasina Green says:

    please add me to the list

  3. Roxanne Argo says:

    Add me..I have purchased LIL CRITTERS GUMMY VITES COMPLETE MULTIVITIMAINS..AND LIL CRITTERS TWISTED FRUITS….MORE THAN ONCE..

  4. Kelley Clark says:

    Add Me

  5. Joshua Glover says:

    Add me

  6. Annette M Cozzi says:

    Please add me

    1. Joshua Glover says:

      Thanks

  7. Felicia R Reddick says:

    add me in

    1. Joshua Glover says:

      Add me

  8. Heather Leyva says:

    Add me

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