Court allows P&G class action over alleged lead in Metamucil to move forward

Metamucil class action lawsuit overview:

• Who: Plaintiff Regina Pellegrino and other consumers filed a class action lawsuit against The Procter & Gamble Co.
• Why: Plaintiffs claim P&G falsely marketed Metamucil as healthy despite alleged presence of lead and misleading health claims.
• Where: The class action lawsuit is pending in New York federal court.

AProcter & Gamble must face a proposed class action lawsuit alleging it misled consumers about the safety of its Metamucil fiber supplements after a New York federal judge ruled key claims can move forward.

U.S. District Judge Kenneth Karas rejected P&G’s argument that the claims were barred by federal labeling law, finding that consumers are not challenging compliance with labeling requirements but instead allege the company’s marketing is false and misleading due to the alleged presence of lead in the products.

The class action lawsuit alleges Metamucil products contain undisclosed amounts of lead, which plaintiffs say contradicts the company’s representations that the supplements are healthy and safe. 

According to the complaint, testing found that certain Metamucil products exceeded California’s Proposition 65 threshold of 0.5 micrograms of lead per serving.

Plaintiffs also challenge marketing claims such as “#1 Doctor Recommended Brand,” arguing that reasonable consumers would interpret such statements to mean the products are safe and endorsed by medical professionals. The complaint alleges the failure to disclose the presence of lead makes those representations misleading.

In addition, the class action lawsuit takes issue with product-specific claims that certain Metamucil varieties promote appetite control, healthy blood sugar levels and digestive health. Plaintiffs argue those claims are misleading, particularly for products containing added sugar, which they allege may undermine those health benefits.

Judge tosses certain claims for lack of standing

While allowing parts of the lawsuit to move forward, the court dismissed some claims for lack of standing. Judge Karas found that certain plaintiffs could not pursue claims related to products they did not purchase or adequately link to testing results.

However, the court ruled that testing tied to at least one plaintiff’s purchased product was sufficient at this stage to establish an alleged injury and allow claims to proceed.

The class action lawsuit was originally filed in 2023 and later expanded to include additional plaintiffs. It centers on whether P&G’s marketing of Metamucil products misled consumers by omitting information about potential contaminants and overstating health benefits.

Earlier this year, consumers sued P&G alleging it falsely marketed its Tampax Pearl products as free of harmful substances while failing to disclose they contain or may contain lead.

What do you think about these Metamucil lead claims? Let us know in the comments.

The plaintiffs are represented by Jason P. Sultzer of Sultzer & Lipari PLLC, Jack Fitzgerald of Fitzgerald Monroe Flynn P.C. and Charles E. Schaffer, Daniel C. Levin and Nicholas J. Elia of Levin Sedran & Berman.

The Metamucil class action lawsuit is Pellegrino, et al. v. The Procter & Gamble Co., Case No. 7:23-cv-10631, in the U.S. District Court for the Southern District of New York.

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