Yummi Bears Class Action Lawsuit Says Vitamins Aren’t ‘All Natural’

Yummi Bears Gummy Vitamins are deceptively labeled as “all natural” even though they contain artificial and synthetic chemical ingredients, according to a false advertising class action lawsuit filed Tuesday against defendant Hero Nutritionals Inc.

Plaintiff Ruth Guerra filed the Yummi Bears vitamin class action lawsuit claiming she relied on the “all natural” label on the products when making the decision to purchase the items.

She says she would not have paid a premium price for the Yummi Bears vitamins if she had known the “natural” representations were false, misleading and deceptive.

The all natural labeling class action lawsuit takes issue with the marketing and sales of the following Yummi Bears products:

• Gummy Vitamin Complete Multi-Vitamin
• Gummy Vitamin Organics Complete Multi-Vitamin
• Gummy Vitamin Vitamin C
• Gummy Vitamin Fiber
• Gummy Vitamin Wholefood Fruit & Veggie
• Gummy Vitamin Omega 3 & DHA
• Gummy Vitamin Echinacea & Vitamin C & Zinc
• Gummy Vitamin D3 600 IU
• Gummy Vitamin Complete Multi-Vitamin
• Gummy Vitamin Sugar Free Vitamin D3 1000 IU
• Gummy Vitamin Calcium & Vitamin D3
• Gummy Vitamin Sugar Free Complete Multi-Vitamin
• Gummy Vitamin Fish Free Omega 3 with Chia Seed

Guerra accuses Hero Nutritionals of capitalizing on consumers’ increasing concerns about the effects of synthetic and chemical ingredients in the products they purchase.

According to the Yummi Bears class action lawsuit, consumers are willing to pay a premium for products that include a “natural” label because they believe natural products are safer and healthier than products that aren’t represented as natural.

Although Yummi Bears Gummy Vitamin products indicate that they are “all natural,” these products actually contain a number of artificial and synthetic ingredients, the gummy vitamin class action lawsuit alleges.

Some of the synthetic ingredients allegedly contained in the Yummi Bears products include tocopheryl acetate, calcium citrate, gelatin, citric acid, lactic acid, sodium citrate, tricalcium phosphate and trisodium citrate.

Guerra argues that consumers cannot be expected to know the true nature of the ingredients simply by reading the ingredients list. She states that reasonable consumers who read the “all natural” claim on a product understand the label to mean that the product does not contain synthetic ingredients.

“Discovering that ingredients are not ‘All Natural’ and are actually synthetic requires a scientific investigation and knowledge of chemistry beyond that of the average consumer,” the Yummi Bears Gummy Vitamin class action lawsuit states. “That is why, even though the ingredients stated above are identified on the back of the Products’ packaging in the ingredients listed, the reasonable consumer would not understand – nor is she expected to understand – that these ingredients are synthetic.”

By filing the Yummi Bears class action lawsuit, Guerra seeks to represent a Class of consumers in the United States who purchased the allegedly mislabeled products. She asserts claims for violations of various state consumer protection laws, breach of warranty, negligent misrepresentation, unjust enrichment, and violation of the Magnuson-Moss Warranty Act. She also asserts claims for violations of New York business law.

Guerra seeks injunctive relief, monetary damages, punitive damages, attorneys’ fees, court costs and other relief deemed appropriate by the court.

The plaintiff is represented by Jason P. Sultzer of The Sultzer Law Group PC and Jeff Brown of Leeds Brown.

The Yummi Bears Gummy Vitamins Class Action Lawsuit is Ruth Guerra v. Hero Nutritionals Inc., Case No. 2:16-cv-04563, in the U.S. District Court for the Eastern District of New York.