Jessy Edwards  |  August 23, 2022

Category: Legal News

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Bottle of pills and water glass on a table, girl sitting on bed clutching her belly.
(Photo Credit: Oleg Elkov/Shutterstock)

Magnesium citrate laxative class action overview: 

  • Who: A consumer sued Vi-Jon, LLC in the wake of a major recall of its Magnesium Citrate Saline Laxative Oral Solution.
  • Why: The plaintiff says the company did not advise consumers that its products could have bacterial contamination.
  • Where: The lawsuit was filed in a New York federal court.

Vi-Jon failed to properly inform consumers about the potential for dangerous bacterial contamination in some of its laxative products, a new class action lawsuit alleges.

Plaintiff Nancy Kane filed the class action lawsuit against Vi-Jon, LLC Aug. 18 in a New York federal court, alleging violations of state and federal consumer laws. 

According to the complaint, Vi-Jon deceived consumers by not advising them that its now-recalled Magnesium Citrate Saline Laxative products could be contaminated.

On Aug. 4, Vi-Jon LLC announced it had expanded an initial recall of Magnesium Citrate Saline Laxative Oral Solution to include more than 55 laxatives sold under various brand names at major pharmacies after at least three reports of adverse reactions.

The affected products were found to contain the bacteria gluconacetobacter liquefaciens, which can increase the risk of invasive infections for immunocompromised people that could lead to serious, life-threatening adverse health consequences, according to the recall notice.

“Defendant improperly, deceptively and misleadingly labeled and marketed its Affected Products to consumers, like Plaintiff, by failing to disclose to consumers on its packaging that the Affected Products may contain gluconacetobacter liquefaciens, a harmful bacteria,” the laxative class action states.

Laxative class action alleges Vi-Jon did not properly advise customers of recall

Kane says she purchased the magnesium citrate product at a New York CVS pharmacy after the date of the first recall. This indicates that Vi Jon did not advise customers of the recall in a timely way, she alleges.

“Defendant failed to ensure that its customers were timely notified of the recall,” the laxative class action claims. “Defendant had, and continues to have, an obligation to ensure that customers are aware of the recall announcements and provide information relating to its recall efforts.”

After she bought the product, Kane says she contacted Vi-Jon, which allegedly deflected blame, saying she should have been aware of the recall since it was in the paper and on the news and that CVS was responsible for notifying her of the recall.

Kane looks to represent anyone in the United States who bought the recalled product plus a subclass of consumers who bought the product and were exposed to gluconacetobacter liquefaciens.

She’s suing under New York consumer laws and for breach of warranty and seeking certification of the class action, an injunction, damages of up to $500 per transaction, fees, costs and a jury trial. 

Were you affected by the Vi-Jon laxative recall? Let us know your experience in the comments! 

The plaintiff is represented by Mark S. Reich and Courtney E. Maccarone of Levi & Korsinsky, LLP

The Vi-Jon magnesium citrate laxative class action lawsuit is Nancy Kane v. Vi-Jon, LLC, Case No. 1:22-cv-07061, in the U.S. District Court for the Southern District of New York.


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180 thoughts onLaxative class action alleges magnesium citrate contaminated with bacteria

  1. PATRICK HOLMES says:

    I believe that the Citroma Lemony Saline Laxative that I consumed on June 23-2023 was contaminated. About 30 minutes after consuming the product, I began experiencing sweating, difficulty breathing, constipation, stomach cramps, pain and pressure in my upper abdomen. After about 20 minutes of this, my neighbor had to call 911 around 10:30. As the EMT’s. rushed to the emergency room at around 10:45 P.M. I began to vomit profusely. Once inside the emergency room, I continued to vomit. The experience has been documented and I have copies of my emergency room visit, along with 3 bottles of the laxative which was sold in a 4 pack.

  2. Mia Ward says:

    My husband died after taking a laxative I bought from Walmart. The hospital said is was magnesium citrate. I blamed the hospital becauae it was not properly diagnosed and other things that went wrong.
    I also took a laxative for years until I almost passed out. Once took it and I became so weak that I could not walk unassisted. Now it all makes since

  3. Mia Ward says:

    My husband died after taking a laxative I bought from Walmart. The hospital said is was magnesium citrate. I blamed the hospital becauae it was not properly diagnosed and other things that went wrong.
    I also took a laxative and almost passed out. I became so weak that I could not walk unassisted. Now it all makes since

  4. Judith Patterson says:

    A family member was battling cancer and while the tumor was getting smaller and he was able to exercise, after taking the laxative, he took a sharp turn downwards and died within a couple of weeks.
    The doctors were unable to find the infection which took his life.

    1. Kimberly Rushing says:

      Same for my husband. The doctor gave him 6-9 months. He took the laxative and was dead 2 weeks later. August 3, 2022.

  5. Ryan Mogelefsky says:

    I was advised to take this by my Dr. I’d purchased from both Walgreens and CVS. It’s been difficult to diagnose but perhaps this is what’s caused my GI, CNS, AI symptoms. Been suffering every day and it’s clearly affecting my intestine/bowel.

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