Emergen-C advertises more Vitamin C than gummy products actually contain, class action

Emergen-C class action overview: 

• Who: An Emergen-C gummies consumer, plaintiff Carlos Campos, has sued the makers of the product.
• Why: The plaintiff alleges the amount of Vitamin C in the product is overstated on the label.
• Where: The Emergen-C Vitamin C class action was filed in a California federal court.

The makers of Emergen-C Vitamin C gummies have been hit with a class action lawsuit that accuses them of misrepresenting the amount of Vitamin C in their gummy products.

Plaintiff Carlos Campos filed the class action complaint against Haleon US Inc. and Alacer Corp. on Nov. 16 in a California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, while Emergen-C gummies are marketed as containing specific amounts of Vitamin C per serving—such as 750 milligrams for the Strawberry, Lemon, and Blueberry flavor—independent testing revealed the actual content was significantly lower. 

According to the complaint, some gummies contained only 409 milligrams of Vitamin C per serving, falling short by nearly 45%.

Emergen-C Vitamin C gummies plastered with misleading labeling, lawsuit alleges

Federal regulations require that dietary supplements meet the labeled amount of nutrients throughout their shelf life, the lawsuit says. If they are not, the FDA deems supplements “misbranded,” Campos says. 

He alleges that Emergen-C gummies degrade rapidly due to being packaged in transparent bottles, exposing them to light, oxygen, and heat. This degradation reportedly reduces the Vitamin C content before consumers even purchase the products, the Emergen-C class action alleges.

Campos says the allegedly misleading labels caused consumers to pay inflated prices for products that did not deliver the advertised health benefits.

“Consumers reasonably expect that Defendants’ products will actually provide the full amount of Vitamin C per serving claimed on the front of the package,” the complaint says.

Campos is looking to represent all U.S. consumers who purchased Emergen-C gummies since Nov. 15, 2020. He argues that without the misleading labels, consumers would not have paid premium prices for the products—or would not have purchased them at all.

The plaintiff is suing for false advertising, unjust enrichment and fraudulent business practices and is seeking certification of the class action, damages, fees, costs and a jury trial. 

In June, a class action lawsuit was lodged against the makers of Emergen-C claiming they falsely advertise that the dietary supplements are “all-natural.” 

What do you think of the allegations in this Emergen-C class action? Let us know in the comments.

The plaintiffs are represented by Marie A. McCrary, Seth A. Safier and Kali Backer of Gutride Safier LLP.

The Emergen-C class action is Carlos Campos v. Haleon US Inc. et al., Case No. 4:24-cv-08057-KAW  in the U.S. District Court for the Northern District of California.

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