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. Ryan Buscemi says:

    Taken this in June 2021 and my stomach hasn’t been the same. The first week after taking this I couldn’t even digest rice correctly! I’ve changed my entire eating habits and back and forth dr visits with blood panels and no answers. I’m constantly having lower stomach pains and my stomach consistently feels like it’s never settled after eating. I’ve never in my life had stomach problems until drinking this. This product has changed my life for the worst.

  2. Kat says:

    Why does the info above say$ 500 per event or whatever. People have spent thousands in surgeries

  3. Jessica aune says:

    I was taking this to relieve constipation, used two or three bottles of the magnesium citrate from Walgreens a soon after got rectal abscesses due to bacterial infections from the magnesium citrate, I proceeded to have three more surgeries. After that now, come March, I have to have another surgery due to reoccurring abscesses from the magnesium citrate. This one is to remove and fix the problem that was caused from the magnesium citrate. I have a a fissure in my lower rectum that needs to be taken care of. I have constantly been bleeding from my rectum since taking magnesium citrate I have all of my hospital paperwork and bills, and would like to know what I do next to follow through with this class, action lawsuit, and get help, paying the bills and compensation.

    1. Gary says:

      Yes, I suffered the same, only one surgery though, 10 inches of my intestines removed, I had 3 masses of bacteria and now a colostomy reversal in the future, there are real cases of injury, I almost died

  4. Rebecca Kimpling says:

    Dying from taking this product! Want someone held accountable!

    1. Hosea matlock says:

      I took this for prep for prostate biopsy and almost died I have ibs and that tainted magnesium citrate I could not eat or have bowel movenemts took all kinds of test to come up with nothing I received this letter telling me of the issue now I know what happened to me is a very sad thing when you think you gonna die really plays with your mind

  5. Rebecca Kimpling says:

    I drank several bottles of the Magnesium Citrate on the recall list before I knew of the recall! I only found out about the recall when I went to buy more! I have lost 70 lbs., have no appetite, chronic diahrrea, severe abdominal pain and swelling…and cannot find anyone who will even test me for the bacteria (gluconacetoba liquefaciens). I wonder if Vijon or anyone is trying to come up with an antibiotic that will treat this bacteria….
    IF NOT, WHY NOT?????
    I am dying a slow painful death as surely as if I had been “gut shot” and no one cares, and NO ONE WILL BE HELD ACCOUNTABLE! Why??????

  6. Len Bendolph says:

    I have been using this product for years now I am dealing with prostate cancer, I wonder can this be related.

  7. Idella Madison says:

    I bought this product at Walgreens and Walmart I’ve been using it for the past year and I just found out when I went to go get s
    I’ve been using this product for over a year I bought mines at Walgreens and Walmart I could not figure out when I went recently to the stores while there was none on the shelves no one ever told me that it was a recall I found out by going online when I went to order from Amazon and that’s when I found out that there was a recall and I’ve been sick several times and I’m sick now and don’t know why

  8. Paul Jordan says:

    I used this product seeral times and noticed after consuming i had massive stomach cramps for days. no one let me know about this. Just receive the news from a friend a few weeks ago. Add me to the list.

  9. Jen McPherson says:

    Took this many times last year and became very ill. My local grocery store contacted me about the recall and I was able to return my last 2 bottles but I had taken some before I knew. Please add my complaint.

  10. Andie says:

    I tried this product for the first time in July 2022 and since then I have been sick. Drank most of the bottle before bed and woke up the next morning sick to my stomach. Missed 6 straight weeks of work and the doctor bills are outrageous.
    A few days after being sick my husband was at Fred Meyer buying groceries and the receipt said there had been a recall.
    I called Vi-Jon and spoke to a man that gave me a case number and I felt he was nice and understanding.
    I have emails and they actually sent to me the original voicemail I left for them. At first they were keeping in contact but didn’t take long before they began ignoring me.
    Liver enzymes are high and doctors can’t figure it out. I’ve had ultrasound, ct scan and many blood tests. Next is a scope to find out if my esophogus is damaged and might be making me sick.
    Vi-Jon is a horrible company that choses profit over the lives of many innocent people that trusted their product.
    Shame on them for not pulling all product nationwide in June when they first recalled for cvs. They allowed the product to remain on the shelf at Fred Meyer until July and then it was recalled a month after cvs.
    This is wrong on so many levels!

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