Judge denies P&G’s motion to dismiss Pure Zzzs excessive melatonin class action

Update:

• An Illinois district judge gave the green light for plaintiffs to sue The Procter & Gamble Co. (P&G) over its Vicks Pure Zzzs melatonin supplements.
• Plaintiff Lynda Caledron alleges P&G misled consumers by inaccurately dosing and labeling melatonin supplements and violated state consumer protection laws.
• U.S. District Judge Mary M. Rowland dismissed the plaintiff’s right to sue on several other P&G melatonin products.
• P&G argued the Food and Drug Administration allows overages, but Rowland wrote in her opinion the company failed its burden of proof.
• Rowland also wrote that Caledron suffered specific damages from the mislabeling because of side effects she experienced from the products.

Vicks melatonin class action overview:

• Who: Consumers of Vicks Pure Zzzs melatonin supplements are suing The Procter & Gamble Co. (P&G)
• Why: They allege P&G misled millions of consumers by inaccurately dosing and labeling its melatonin supplements
• Where: Illinois federal court

(June 29, 2022)

Vicks Pure Zzzs melatonin supplements are “substantially overdosed,” seemingly at random, and even in the children’s products, a new class action lawsuit alleges.

Plaintiff Lynda Calderon filed the class action lawsuit against P&G on June 24 in an Illinois federal court, alleging violations of state and federal consumer protection laws. 

Calderon alleges P&G misled millions of consumers by inaccurately dosing and labeling its over-the-counter melatonin supplements.

She says that P&G’s Vicks supplement labels claim that its sleep-aid melatonin products, such as Vicks Pure Zzzs All Night and Vicks Pure Zzzs Kidz, contain specific amounts of melatonin per serving, e.g., 2 mg or 1 mg. 

According to the lawsuit, lab testing revealed the products “were substantially (and seemingly randomly) overdosed” and “the true amount of melatonin was 150% to 164% of the amount claimed.”  

“P&G’s labeling is false and misleading to consumers in multiple respects,” the lawsuit states.

“The dosage of Pure Zzzs Melatonin is not well-controlled and consistent with the dosages for which P&G designed the recommended servings.” 

No warning melatonin dose may vary, lawsuit claims

Calderon says not only does Pure Zzzs not have the amount of melatonin claimed on the label, P&G does not mention that the actual dosage may vary.

“No reasonable consumer wants to buy and ingest a supplement containing a random, undisclosed amount of melatonin,” she states.

Calderon is looking to represent a nationwide class of people who purchased Pure Zzzs in the United States, plus a multistate consumer subclass and an Illinois subclass.

She’s suing under the consumer protection laws of numerous states, including the Illinois Consumer Fraud and Deceptive Business Practices Act.

She’s seeking certification of the class action lawsuit, damages, restitution, an injunction, fees, costs, interest and a jury trial. 

Other companies also have faced class actions related to melatonin products.

Last year, health product manufacturer Natrol was hit with a class action lawsuit alleging it falsely advertises its melatonin as being “drug-free” when it contains ethyl alcohol, violating consumer protection laws.

What do you think of the allegations in this case? Let us know in the comments. 

The plaintiff is represented by Jonas Jacobson and Simon Franzini of Dovel & Luner LLP. 

The Vicks Pure Zzzs class action lawsuit is Lynda Calderon v. The Procter & Gamble Co., Case No. 1:22-cv-03326, in the U.S. District Court for the Northern District of Illinois.

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