Bayer class action lawsuit overview:
- Who: Plaintiff Jie Chen filed a class action lawsuit against Bayer Corporation and Bayer Healthcare LLC.
- Why: Chen alleges Bayer falsely advertises its One A Day Men’s Pre-Conception Health Multivitamin as supporting healthy sperm.
- Where: The Bayer class action lawsuit was filed in New York federal court.
A new class action lawsuit accuses pharmaceutical giant Bayer Corporation of falsely advertising its One A Day Men’s Pre-Conception Health Multivitamin as supporting healthy sperm.
Plaintiff Jie Chen claims Bayer prints the phrase “supports healthy sperm” on every bottle and package, conveying to consumers that the product improves their chances of conception and sperm health and vitality.
The Bayer class action lawsuit alleges this claim is false, citing a ruling by the National Advertising Division (NAD) of the Better Business Bureau, which found that ingredient testing in the record did not support the challenged claims.
The NAD recommended that Bayer discontinue or modify its claims to avoid conveying the unsupported message that the product improves men’s chances of conception or sperm health and viability.
Chen purchased a bottle from Amazon in June 2024 for $15 while in New York, relying on Bayer’s representation that the product supported healthy sperm.
The complaint further alleges Bayer charges a price premium for the product based on this claim — $0.50 per pill, compared to just $0.09 per pill for the company’s standard One A Day Men’s Multivitamin.
Chen argues that had he known the claim was false, he would not have purchased the product or would have paid substantially less for it.
NAD found Bayer’s ingredient testing did not support sperm health claims
The class action lawsuit reveals the NAD ruling arose after a Bayer competitor challenged the “supports healthy sperm” claim before the Better Business Bureau, which also scrutinized Bayer’s assertion that the product contains “powerful” antioxidants, including lycopene.
“Defendants’ deceptive acts and practices are misleading in a material way because they fundamentally misrepresent the benefits of [One A Day Men’s Pre-Conception Health Multivitamin],” the lawsuit states.
Chen seeks actual damages or $50 per violation under New York General Business Law Section 349 and $500 per violation under Section 350, whichever is greater, along with statutory treble damages, attorneys’ fees and costs for himself and all class members.
Last year, a New York federal judge certified a class action lawsuit against Bayer, alleging the company misled consumers with the dosage of its One A Day vitamin gummies.
What do you think of the allegations made in this Bayer class action lawsuit? Let us know in the comments.
Chen is represented by Max S. Roberts, Caroline C. Donovan, L. Timothy Fisher and Joshua B. Glatt of Bursor & Fisher P.A.
The Bayer class action lawsuit is Chen v. Bayer Corporation, et al., Case No. 1:26-cv-02704, in the U.S. District Court for the Eastern District of New York.
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