NEW YORK (Legal Newsline) - Lawyers are hoping to take advantage of a 2018 California appeals court ruling by filing the same allegations against the maker of One A Day chewable supplements in New York.
Plaintiff Tanysha Newman sued Bayer on Aug. 19 in New York federal court through attorneys at Bursor & Fisher. The case alleges the name "One A Day" is misleading because the actual serving size is two gummies.
This means the container lasts half as long as a customer would expect, the suit says, citing a California Fourth Appellate District decision in favor of claims One A Day, written in much larger letters than the notice that a serving is two gummies, is unfair to customers.
"Defendants communicated the same substantive message throughout their advertising and marketing for the supplements, including on the bottle itself and on the front of the supplements’ packaging," the new lawsuit says.
"Each person who purchased the supplements has been exposed to Defendants’ misleading advertising message multiple times. As a result of the express and implied misleading messages conveyed by their marketing campaign, Defendants have caused Plaintiff and Class Members to purchase a product that does not perform as represented.
"Plaintiff and other similarly situated consumers have been harmed in the amount they paid, or overpaid, for the Chewables."