Target class action alleges Up&Up ashwagandha gummies falsely advertised dosage

Target class action overview:

• Who: Two consumers filed a class action lawsuit against Target Corp.
• Why: The plaintiffs claim Target falsely advertises the dosage amount of its Up&Up ashwagandha gummies.
• Where: The Target class action lawsuit was filed in California federal court.

A new class action lawsuit alleges Target deceptively advertises the dosage amount of its Up&Up ashwagandha gummies.

Plaintiffs Janice Williams and Michael Smith filed the class action complaint against Target on April 21 in California federal court, alleging violations of state consumer laws.

Williams and Smith claim that Target’s Up&Up ashwagandha gummies are labeled as to seemingly contain 300 mg of ashwagandha per gummy, but in reality, consumers must ingest two gummies to achieve the advertised dosage.

As a result, consumers receive only half of the perceived advertised value while paying the full purchase price, the Target class action lawsuit alleges.

“Defendant’s advertising misleads reasonable consumers into believing that each gummy contains the advertised dosage,” the lawsuit says.

“However, contrary to the labeling, each unit only contains a fraction of the advertised dosage. Consequently, reasonable consumers believe that they are receiving twice the amount of ashwagandha than what they are actually receiving.”

Target ashwagandha gummies sold at premium price, lawsuit claims

Williams and Smith argue that Target’s misleading labeling caused them to pay a premium for the product, as they believed they were receiving 300 mg of ashwagandha per gummy.

The plaintiffs claim they would not have purchased the product, or would have paid less for it, had they known the truth about the dosage.

The Target class action lawsuit alleges violations of California’s Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law, as well as breach of express and implied warranties, negligent misrepresentation, intentional misrepresentation or fraud and unjust enrichment.

Williams and Smith are demanding a jury trial and requesting an order compelling Target to cease marketing the product using misleading tactics, destroy all deceptive materials and conduct a corrective advertising campaign.

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of statutory, actual and punitive damages for themselves and all class members.

In a similar case, a federal judge certified a 2022 class action lawsuit against Bayer, which alleges consumers were misled into believing they only needed to take a single One A Day vitamin gummy to get the full advertised nutritional benefits.

Have you purchased Target’s Up&Up ashwagandha gummies? Let us know in the comments.

The plaintiffs are represented by Lilach H. Klein and Zachary M. Crosner of Crosner Legal P.C.

The Target class action lawsuit is Williams, et al. v. Target Corp., Case No. 3:26-cv-02534-H-BLM, in the U.S. District Court for the Southern District of California.

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