Bayer Hit with Class Action over Flintstones Brain Support Supplement

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A California woman alleges that a vitamin product that allegedly supports cognitive health does nothing of the sort because the active ingredient is not effective, according to a new Flintstones brain support supplement class action lawsuit.

Plaintiff Liza Gershman says that she bought a Flinstones Healthy Brain Support supplement that contained the substance Omega-3 DHA based on reliance on “Bayer’s brain function and brain support representation,” and paid a premium per the representations. Instead, the brain support supplement class action lawsuit alleges that DHA does not provide the advertised benefits on the Flintstones packaging.

According to Gershman and the Flintstones brain support supplement class action lawsuit, the study relied upon by Bayer Healthcare in support of the gummy-chewable supplement had methodological flaws such as researchers excluding participants whose results would not have benefited Bayer. Instead, the class action lawsuit cites several randomized, controlled trials that are reportedly more reliable and indicate little link between DHA and brain health.

Further, “the Institute of Medicine (‘IOM’)—the health arm of the National Academies—has issued a report stating that it does not recognize a dietary requirement for DHA as there is no DHA deficiency in adults or children in the United States,” the Flintstones vitamin class action lawsuit alleges.

Even if the supplement were effective, the Flintstones brain support supplement class action lawsuit argues that the amount included in the product would be insufficient. The amount of DHA included represents a tiny fraction of what the brain uses on a daily basis. Even were it to pass the blood brain barrier, which the cited studies fail to find likely, the brain support supplement would not supplant existing stores or represent s significant uptick.

Gershman seeks to certify a Class of “all Consumers who, within the applicable statute of limitations period, purchased Flintstones Healthy Brain Support in California, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington until the date notice is disseminated.” Since the brain health supplement only began to reach the market in 2013, there would be no issues regarding statutes of limitations.

Further, the Flintstones Healthy Brain Support class action lawsuit alleges that while the U.S. Food and Drug Administration (FDA) allows for some leeway regarding supplements, those advertising cognitive benefits face more stringent scrutiny. Failing that, the complaint alleges that Gershman was harmed more by the alleged false advertising than any violations of law regulated by the FDA.

Gershman is represented by Elaine A. Ryan, Lindsey M. Gomez-Gray and Patricia N. Syverson of Bonnett Fairbourn Friedman & Palint PC, Sewart M. Weltman of Stewart M. Weltman LLC and Joseph Siprut of Siprut PC.

The Flintstones Healthy Brain Support Class Action Lawsuit is Liza Gershman v. Bayer Healthcare LLC, Case No. 3:14-cv-05332, in the U.S. District Court for the Northern District of California.