Laxative class action alleges magnesium citrate contaminated with bacteria

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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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