Emergen-C Gummies Deceptive Dosage Labeling Class Action

Alacer Corp. makes the most popular brand of Vitamin C in the US, Emergen-C. The complaint alleges that these Immune Support Vitamin C gummies and misleadingly labeled, so that consumers get only about a third of what they believe they’re paying for.

Alacer makes other supplements in gummy form as well, and Emergen-C supplements in an effervescent powdered drink mix form. At issue here, however, are the Emergen-C Immune Support Vitamin C gummies, which are sold in three flavor varieties: orange, tangerine, and raspberry; strawberry, lemon and blueberry; and elderberry.

The claims are on the labels of the bottles. The complaint lays out the claims on the product labels: “Each Product prominently states on its front label that the Gummies contain either ‘750 mg of Vitamin C’ or are ‘Crafted with 50 mg of elderberry juice concentrate.’ Each Product also states on its front label that the Products contain ’45 Gummies.’”

What does this mean? According to the complaint, reasonable people would then believe that the dosage for each gummy is 750 mg (or 50 mg for the elderberry product) and that the bottle contains forty-five doses at that strength. Instead, the complaint alleges, the buyer must take three gummies to get the advertised dose, meaning that the bottle contains only 15 full doses: “Ultimately, the consumer only receives a third of the benefit they expect when they purchase” the product.”

The complaint says, “There is no qualifier on the Products’ front label to inform consumers that they are required to take three gummies to obtain the dosage stated on the front label.” This, it says, makes the labeling “false, deceptive, and misleading.”

Pages 5, 6, and 7 of the complaint show images of the product bottles. They show the disputed claims, including “750 mg Vitamin C” for the first two and “Crafted with 50 mg of elderberry juice concentrate” for the third. Each bottle label also shows “45 Gummies.”

The complaint defines a class and two subclasses.

  • The Nationwide Class is all persons in the US who, within the appropriate statute of limitations, bought any of the products.
  • The California Subclass is all persons who, within the appropriate statute of limitations, bought the products in California.
  • The California Consumer Subclass is all persons who, within the appropriate statute of limitations, bought the products for personal, family, or household use in California.

The counts include breaches of warranties and violations of California consumer protection laws, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Emergen-C Gummies Deceptive Dosage Labeling Complaint

November 5, 2020

Alacer Corp. makes the most popular brand of Vitamin C in the US, Emergen-C. The complaint alleges that these Immune Support Vitamin C gummies and misleadingly labeled, so that consumers get only about a third of what they believe they’re paying for.

Emergen-C Gummies Deceptive Dosage Labeling Complaint

Case Event History

Emergen-C Gummies Deceptive Dosage Labeling Complaint

November 5, 2020

Alacer Corp. makes the most popular brand of Vitamin C in the US, Emergen-C. The complaint alleges that these Immune Support Vitamin C gummies and misleadingly labeled, so that consumers get only about a third of what they believe they’re paying for.

Emergen-C Gummies Deceptive Dosage Labeling Complaint
Tags: Contains Too Little of Featured Ingredients, Contents Have Less of Active Ingredient Than Label Claims, Deceptive Advertising, Deceptive Labels