Judge certifies Bayer vitamin gummies class action

Bayer vitamin class action overview:

• Who: A federal judge certified a class action lawsuit against Bayer Corp. and Bayer Healthcare LLC.
• Why: The class action alleges that Bayer misled consumers about how many vitamin gummies they needed to take to get the full nutritional benefits.
• Where: The Bayer vitamin class action lawsuit was filed in New York federal court.

A New York federal judge has certified a class action lawsuit against Bayer Corp. that alleges the company misleads consumers with the marketing of its One A Day vitamin gummies. 

Judge Kenneth Karas made the ruling March 18, agreeing with an expert’s survey that found consumers were misled by the labeling of Bayer’s One a Day vitamin gummies. 

Plaintiff Tanysha Newman filed the One A Day class action lawsuit back in August 2022 alleging consumers were misled into believing they only need to take one gummy a day to get the full nutritional benefits. 

Her lawsuit asserted that consumers actually must take more than one per day, meaning the gummies lasted only half as long as advertised for the full retail price. The lawsuit alleges this is a breach of warranty, fraud and violation of New York business law.

The expert Newman’s counsel brought before the court, Robert Klein, delegated a team to run two surveys where Klein relied on the results of the second survey to form the basis of his expert opinion. 

When learning of the first survey, Bayer contended that the expert’s testimony was unambiguous because he used data from the first survey.

However, the court agreed with the assessment of the judge and Klein’s deposition that he never received, reviewed, or read the first survey responses, nor did he generate any data related to that survey’s responses. 

Bayer says it will fight One A Day class action lawsuit

The judge also rejected Bayer’s argument that Newman, who has a robbery conviction, is an “unrepentant convicted felon” and can’t be trusted to lead the class action.

Newman argued her conviction is her only one and that she hadn’t committed any fraud. The judge agreed that there is no clear nexus between the robbery conviction and the alleged misrepresentation in the class action lawsuit.

Bayer responded to the class certification by saying it “respectfully disagrees” with the court’s decision and is considering its options for legal review. 

The company maintains that the claims are meritless and that it looks forward to vigorously defending itself as the litigation proceeds.

Bayer has previously faced class actions against its One a Day brand. In July 2022, and again in June 2023, separate lawsuits alleged that its One A Day Natural Fruit Bites, marketed as “natural” and sold at a premium price, contain synthetic ingredients.

Have you ever purchased Bayer’s One A Day vitamin gummies? Tell us what you think in the comments.

The plaintiffs are represented by L. Timothy Fisher, Max Stuart Roberts and Caroline Cella Donovan of Bursor & Fisher PA.

The Bayer vitamin class action lawsuit is Newman, et al. v. Bayer Corp., et al., Case No. 7:22-cv-07087, in the U.S. District Court for the Southern District of New York.

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