LOS ANGELES (Legal Newsline) – A federal judge has issued an order saying he is inclined to deny Bayer Healthcare’s motion to dismiss a class action complaint brought by a customer who claims Flintstone Gummies vitamins aren’t a “complete” supplement as labeled.
In an order filed April 16, U.S. District Court for the Central District of California Judge John A. Kronstadt notified attorneys on both sides that he was "inclined to deny" the motion, adding a written decision would be forthcoming.
Camille Cabrera, individually and on behalf of all others similarly situated, filed a complaint in November 2017 in the U.S. District Court for the Central District of California against Bayer Healthcare LLC and Bayer Corp. citing common law fraud, intentional misrepresentation and other counts.
Cabrera alleged that she purchased Bayer’s Flintstones Gummies complete children’s multivitamin supplement, reasonably relying on the defendant’s “complete” representation on the product and believing it contained all the vitamins. She argued that the products don’t contain vitamins K, B1 (thiamine, B2 (riboflavin) and B3 (niacin).
Cabrera holds the defendants responsible because the products allegedly fail to conform to the statement of quality labels, stating that they aren’t complete multivitamin supplements as represented. She alleged Bayer misled her into believing the product contains “all the vitamins.”
She requested a trial by jury and an order awarding all damages, prejudgment interest, injunctive relief and any such relief as the court deems just and proper.
In its January motion to dismiss, Bayer argued that the “complaint fails to state a valid claim because reasonable consumers would not be misled by a label that explicitly tells them what vitamins are in the product.
“As other courts have acknowledged in dismissing claims against vitamin manufacturers, reasonable consumers would look at the Supplement Facts section of the label,” the motion said. "This court should conclude likewise and grant Bayer’s motion to dismiss.”
The company also argued that the court shouldn’t hold there is personal jurisdiction with respect to non-California buyers of its product in the suit.
Cabrera is represented by Benjamin Heikali and Jashua Nassir of Faruqui & Faruqi LLP in Los Angeles. Bayer is represented by Amy P. Lally, Jonathan F. Cohn and Joshua J. Fougere of Sidley Austin LLP in Washington, D.C.