One A Day Class Action Says VitaCraves Are Deceptively Mislabeled

Bayer misrepresents the number of days’ worth of multivitamins contained in each bottle of One A Day VitaCraves chewable vitamin supplements, a class action lawsuit states.

Plaintiff Daniel Goldman of California claims defendants Bayer AG, Bayer Corporation and Bayer Healthcare LLC violate several states’ consumer protection laws by this misrepresentation.

One A Day VitaCraves are adult multivitamin supplements in a chewable, fruit-flavored gummy form. Bayer markets at least 10 different varieties of One A Day VitaCraves gummies, according to Goldman.

In his One A Day Vita Craves class action lawsuit, Goldman includes images representing the label at issue. The branding on each bottle shows the phrase “ONE A DAY” superimposed over a large numeral “1.” The number of gummies in each bottle is displayed in the lower right corner of the label.

“Reasonable consumers purchasing a bottle of ONE A DAY VitaCraves understand that they should take one ONE A DAY VitaCraves gummy per day, and, consequently, that each bottle contains the number of days’ worth of vitamins equal to the number of gummies in each bottle,” Goldman says.

But that understanding runs counter to the actual number of gummies required to get a full days’ dosage of vitamins, Goldman claims. Each product in the One A Day VitaCraves line requires the consumer to take two gummies per day, not just one, to get a full serving.

Consequently, each bottle contains only half the supply of gummies that the consumer is reasonably led to expect from the “One A Day” representation on the label, according to Goldman. So a bottle that contains 70 gummies, which a consumer would expect to last 70 days, is only a 35-day supply, he argues.

“Because the principal display panel causes consumers to believe that each bottle of ONE A DAY VitaCraves contains precisely twice as many days’ worth of vitamins as is actually provided, the label is illegal and deceptive and reasonable consumers are likely to be deceived,” Goldman claims.

Goldman says that in December 2016, he purchased One A Day VitaCraves for himself from two different retail locations, one in California and one in New York. He says he relied on the products’ labeling, which allegedly led him to believe he was getting twice as many days’ supply of vitamins than was actually contained in the bottle.

Goldman proposes to represent a nationwide plaintiff Class consisting of all persons in the U.S. who purchased One A Day VitaCraves at any time during the applicable statutory limitations period. He also proposes two subclasses to represent Class Members from California and New York.

He seeks a court injunction that would prohibit Bayer from continuing the allegedly false advertising complained of here. He also seeks awards of damages, restitution and disgorgement of associated revenues, plus court costs and attorneys’ fees.

Goldman is represented by attorneys Rachele R. Rickert, Betsy C. Manifold, Brittany N. Dejong, Janine L. Pollack, Matthew M. Guiney and Michael M. Liskow of Wolf Haldenstein Adler Freeman & Herz LLP.

The One A Day VitaCraves Class Action Lawsuit is Daniel Goldman v. Bayer AG, et al., Case No. 3:17-cv-0647, in the U.S. District Court for the Northern District of California.