Emergen-C class action claims product falsely advertised as natural

Emergen-C natural class action lawsuit overview: 

• Who: Plaintiffs Allan Wong and Jimy Ruiz filed a class action lawsuit against GlaxoSmithKline Consumer Healthcare Holdings (US) LLC d/b/a Haleon. 
• Why: Wong and Jimy Ruiz claim GlaxoSmithKline falsely advertises that its Emergen-C dietary supplements are “all-natural.” 
• Where: The class action lawsuit was filed in California federal court.

A new class action lawsuit claims that the makers of Emergen-C falsely advertise that the dietary supplements are “all-natural.” 

Plaintiffs Allan Wong and Jimy Ruiz’s class action lawsuit claims Emergen-C, in reality, contains the artificial flavoring DL malic acid. 

Wong and Ruiz argue testing conducted by Krueger Food Laboratories in April revealed that the Emergen-C products contained DL malic acid, rather than the naturally-occurring L-Malic acid.

“Consumers may be and have been misled about the presence or absence of the artificial DL malic acid that is a component in the Product,” the Emergen-C class action says. 

Wong and Ruiz want to represent a class of consumers who purchased Emergen-C products in the state of California within the past four years. 

Presence of artificial flavoring in Emergen-C has ‘material bearing’ on price, class action claims

Wong and Ruiz argue the presence of DL malic acid in Emergen-C has a “material bearing” on the price or consumer acceptance of the product. 

“Plaintiffs reasonably relied on these label statements such that they would not have purchased the Products from Defendant if the truth about the Products was known,” the Emergen-C class action says. 

Wong and Ruiz claim GlaxoSmithKline, doing business as Haleon, is guilty of unjust enrichment and breach of express warranty, and of violating California’s Consumer Legal Remedies Act. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of actual damages for themselves and all class members. 

A consumer filed a similar class action against GlaxoSmithKline in June 2023 over claims the company misleadingly marketed its Theraflu Emergen-C “convenience pack” as effective at alleviating cold and flu symptoms. 

Have you purchased an Emergen-C product in the state of California? Let us know in the comments.

The plaintiffs are represented by Charles C. Weller of Charles C. Weller, APC. 

The Emergen-C natural class action lawsuit is Wong, et al. v. Glaxosmithkline Consumer Healthcare Holdings (US) LLC d/b/a Haleon, Case No. 3:24-cv-00943, in the U.S. District Court for the Southern District of California.

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