Nature’s Way Class Action Says Daily Multivitamin Is Mislabeled

A class action lawsuit claims that Nature’s Way Alive! Once Daily Men’s Ultra Potency Multivitamin contains gelatin, even though the ingredient isn’t on the label.

Plaintiff Anil Dass, a resident of New York, says that the defendant markets the products incorrectly on its website, on third-party marketplace websites, and in television and print advertisements.

Dass states that the consumers believe that the daily multivitamin does not contain gelatin, since there is no listing for it on the label, when in fact the products contain notable doses of gelatin.

The plaintiff claims that he paid a premium for the daily multivitamin over comparable products that did not purport to be gelatin free.

He claims that this is a material harm to him as his religion, Hinduism, does not allow for the consumption of gelatin. 

Dass goes on to say that Nature’s Way has engaged in an extensive and long term advertising campaign to convince customers that their products do not contain any gelatin and that their marketing representations should be taken literally.

He says Nature’s Way marketing campaign has been designed to induce customers to try the Nature’s Way brand and to represent that their products are authentic and of the highest quality.

The plaintiff maintains that the website for Nature’s Way describes the Alive men’s vitamin ingredients as being part of a premium formula and, in saying that, has amplified its representation that Nature’s Way products are of premium quality.

“Nature’s Way falsely represented and continues to represent, expressly and by implication, that the Products are authentic and of the highest quality,” the Nature’s Way Alive daily multivitamin class action lawsuit states.

Dass says that Nature’s Way breached its promise of providing authentic goods by selling daily multivitamins that did not disclose all of the ingredients in the product (i.e. gelatin).

The plaintiff goes on to say that he and Class Members relied on the marketing statements and misrepresentations to their detriment and paid a higher price for Nature’s Way products than they would have paid for products of another brand.

“By its actions, Nature’s Way has been and is disseminating uniform marketing statements concerning the Products, which by their nature are unfair, deceptive, untrue or misleading,” the Alive men’s vitamin ingredients class action lawsuit explains.

Dass argues that Nature’s Way intended for him and other consumers to rely on the marketing statements and material representations set forth in the class action complaint. He says that he and these customers have relied on the marketing statements and misrepresentations to their detriment.

As a result of Nature’s Way misconduct, the plaintiff has allegedly been aggrieved in that he purchased the products based on the misrepresentations by Nature’s Way.

Dass is seeking equitable relief by the court which would require Nature’s Way to refund and restore all monies that the putative Class Members paid for the products.

In addition, the plaintiff claims that Nature’s Way retained benefits at the expense of the plaintiff in the form of revenues and payments for the products.

These profits were allegedly obtained from Nature’s Way’s conduct in that they misrepresented that the products were natural and effective.

“It would be unjust and inequitable for Nature’s Way to retain the benefits Nature’s Way received and continues to receive from Plaintiff and the Class Members, absent repayment to Plaintiff and the Class Members for the premium they paid in exchange for Products falsely represented as authentic’ and ‘premium quality,’” the Nature’s Way class action lawsuit argues.

Common questions of law and fact in the daily multivitamin class action lawsuit include: 1) Whether Nature’s Way represents and continues to represent that certain products are authentic; 2) Whether Nature’s Way represents and continues to represent that certain products are of premium quality; 3) Whether Nature’s Way’s representations are likely to deceive a reasonable consumer; and 4) Whether a representation that a product is authentic is material to a reasonable consumer of products.

Prospective Class Members in this class action lawsuit include U.S. residents who have purchased Alive! Once Daily Men’s Ultra Potency daily multivitamin products since Oct. 11, 2012.

Did you purchase Nature’s Way daily multivitamins thinking they were gelatin free? Leave a message in the comments section below.

The plaintiff is represented by Anil Dass and John Ciafone of The Law Office of Dass & Ciafone.

The Nature’s Way Alive Daily Multivitamin Class Action Lawsuit is Dass v. Nature’s Way Products LLC, Case No. 1:20-cv-03906, in the U.S. District Court for the Southern District of New York.

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