This complaint brings suit against Bayer AG, Bayer Corporation, and Bayer Healthcare, LLC for their One A Day gummies or chewable supplements. Although consumers who buy One A Day capsules can take one capsule a day to get the intended daily nutritional benefit, the complaint for this class action alleges that this is not true of the gummies or chewable form of the product. In fact, it says, consumers must take two per day to get the intended daily benefit.
The Nationwide Class for this action is all persons who bought Bayer’s chewable One A Day supplements in the US during the applicable statutes of limitations. A New York Subclass has also been defined, for those in the above class who bought the One A Day supplements in New York.
The products at issue include the following:
- One A Day Multi+ Hair, Skin & Nails
- One A Day Women’s VitaCraves Gummies
- One A Day Men’s VitaCraves Gummies
- One A Day VitaCraves Gummies with Health Metabolism Support
- One A Day Teen for Her VitaCraves Gummies
- One A Day Teen for Him VitaCraves Gummies
- One A Day VitaCraves Gummies with Immunity Support
- One A Day VitaCraves Gummies with Omega-3 DHA
- One A Day VitaCraves Adult Multi Gummies
- One A Day VitaCraves with Energy Support
- One A Day VitaCraves ChewyBites
The “One A Day” name is displayed prominently on the front of the bottle. Page 6 of the complaint shows a bottle of One A Day Men’s gummies, with the “A” in the name superimposed on a numeral “1.” The bottle also bears the notation that it contains 170 gummies.
The complaint alleges, “Based on that representation, in combination with the ‘One A Day’ branding, [customers] reasonably believed that the bottle of Chewables would provide sufficient nutritional value for the same number of days as there are gummies in the bottle (e.g., 170 gummies = 170 days of nutritional value).” Instead, the complaint claims, those who buy the gummies are getting only half of this amount.
The complaint alleges that the false representation is repeated across the advertising and marketing materials for the supplements.
The complaint refers to the findings of the California Court of Appeal in a 2018 case against Bayer on a similar issue. The complaint quotes the court as finding, “Bayer’s One A Day gummies cannot be said, as a simple application of common sense, to indicate that two gummies a day are required. Indeed, common sense flows in the other direction: If the label prominently displays the words ‘One A Day’ there is an implication that the daily intake should be one per day.”
The counts include breach of express warranty and fraud, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
One A Day Gummies Require Two A Day Dose Complaint
August 19, 2022
This complaint brings suit against Bayer AG, Bayer Corporation, and Bayer Healthcare, LLC for their One A Day gummies or chewable supplements. Although consumers who buy One A Day capsules can take one capsule a day to get the intended daily nutritional benefit, the complaint for this class action alleges that this is not true of the gummies or chewable form of the product. In fact, it says, consumers must take two per day to get the intended daily benefit.
One A Day Gummies Require Two A Day Dose ComplaintCase Event History
One A Day Gummies Require Two A Day Dose Complaint
August 19, 2022
This complaint brings suit against Bayer AG, Bayer Corporation, and Bayer Healthcare, LLC for their One A Day gummies or chewable supplements. Although consumers who buy One A Day capsules can take one capsule a day to get the intended daily nutritional benefit, the complaint for this class action alleges that this is not true of the gummies or chewable form of the product. In fact, it says, consumers must take two per day to get the intended daily benefit.
One A Day Gummies Require Two A Day Dose Complaint