Viactiv Calcium Plus D Class Action Lawsuit

McNeil Nutritionals’ Viactiv Calcium Plus D chewable supplements contain “a potentially hazardous level of vitamin D,” according to a class action lawsuit filed Wednesday.

Lead plaintiff Harold Hoffman says the Viactiv Calcium Plus D supplements contain almost twice as much vitamin D-3 as advertised, which can be dangerous to consumers. Studies have shown an increase in adverse events such as cancer, cardiovascular disease, bone fractures and overall mortality in people with high levels of vitamin D in the blood, according to the Institute of Medicine, Hoffman says.

The class action lawsuit is asserting claims of fraud, unjust enrichment and more against McNeil, a subsidiary of Johnson & Johnson, for misrepresenting and mislabeling the product.

Hoffman says consumers relied on McNeil’s promise of reliable quality, testing and labeling standards, but were instead delivered a product tainted by an “undisclosed overdose” of a potentially harmful ingredient.

As a result, purchasers of the product were injured and suffered loss, the class action lawsuit alleges.

Hoffman is seeking to represent a proposed class of all nationwide purchasers of Viactiv Calcium Plus D within the past four years.

The Viactiv Calcium Plus D Class Action Lawsuit case is Harold M. Hoffman v. McNeil Nutritionals LLC, Case No. 13-cv-01729, U.S. District Court for the District of New Jersey.

UPDATE: Court documents show that this case was dismissed in May 2013 because the parties had reached a settlement agreement. However, no information on the terms of the class action settlement, including how to file a claim, was present.