Melatonin is a substance in the human body that regulates the circadian rhythm and sleep cycle. Consumers often use melatonin supplements as a sleep aid. This class action brings suit against Olly Public Benefit Corporation, claiming that its melatonin products contain wildly varying amounts of melatonin instead of the specific amounts shown on the bottles.
A class and two subclasses have been defined for this action:
- The Nationwide Class is all persons who bought Olly melatonin in the US during the applicable statute of limitations.
- The Multi-State Consumer Protection Subclass is all persons who bought Olly melatonin in California, Connecticut, Illinois, Maryland, Missouri, or New York during the applicable statute of limitations.
- The California Subclass is all persons who bought Olly melatonin in California during the applicable statute of limitations.
The products are labeled as containing from 3g to 5g of melatonin. They include the following:
- Olly Sleep Regular
- Olly Sleep Extra Strength
- Olly Sleep Ultra Strength
- Olly Immunity Sleep
- Olly Muscle Recovery Sleep
- Olly Kids Sleep
The complaint calls Olly “a major U.S. brand of melatonin supplements,” that are labeled as containing a certain amount of melatonin per serving. “To determine how much melatonin is really in each Olly gummy, a university mass-spectrometry laboratory tested multiple bottles…. The results were alarming—all bottles were substantially (and seemingly randomly) overdosed. The true amount of melatonin was 165% to 274% of the amount claimed.”
The complaint alleges that Olly “systematically misrepresents” the amount of melatonin in its products, misleading customers and putting them at risk.
Melatonin is an over-the-counter product and does not require a prescription. Consumers prescribe it for themselves and generally do not consult a doctor, and for that reason, the complaint alleges, it is important that the dosages and representations on the containers is accurate.
Melatonin’s side effects can include headaches, dizziness, nausea, or excessive sleepiness. The complaint contends that “regardless of side effects, consumers don’t want to take random, uncontrolled amounts of a neurohormone that alters brain chemistry.”
The complaint shows a chart with the claimed dosage of melatonin and the actual dosage for three different products. For example, Olly Sleep claims to have 1.5g per gummy but actually contained 4.11g, 274% more than claimed. The complaint faults Olly for not disclosing that the amount of melatonin in the gummies may vary.
According to the complaint, Olly warns consumers not to take excessive doses of melatonin, with product labels that say, “We do not recommend exceeding the amount noted on every bottle’s Suggested Use.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Olly Sleep Products Contain Varying Amounts of Melatonin Complaint
June 24, 2022
Melatonin is a substance in the human body that regulates the circadian rhythm and sleep cycle. Consumers often use melatonin supplements as a sleep aid. This class action brings suit against Olly Public Benefit Corporation, claiming that its melatonin products contain wildly varying amounts of melatonin instead of the specific amounts shown on the bottles.
Olly Sleep Products Contain Varying Amounts of Melatonin ComplaintCase Event History
Olly Sleep Products Contain Varying Amounts of Melatonin Complaint
June 24, 2022
Melatonin is a substance in the human body that regulates the circadian rhythm and sleep cycle. Consumers often use melatonin supplements as a sleep aid. This class action brings suit against Olly Public Benefit Corporation, claiming that its melatonin products contain wildly varying amounts of melatonin instead of the specific amounts shown on the bottles.
Olly Sleep Products Contain Varying Amounts of Melatonin Complaint