Class Action Says Sperm Health Claims for One A Day Men’s Pre-Conception Multivitamin Are Misleading

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A proposed class action lawsuit alleges that Bayer’s One A Day Men’s Pre-Conception Health Multivitamin is falsely and misleadingly advertised as able to support healthy sperm.

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The 14-page lawsuit against manufacturer Bayer Corporation states that the Better Business Bureau’s National Advertising Division (NAD) recently found that the One A Day Men’s supplement does not support the idea that the product will improve the chances of conception or that it can improve sperm health and viability.

The filing, citing NAD, states that one of Bayer’s competitors challenged the sperm-health claims for the One A Day pre-conception supplement, particularly the representation that the product “supports healthy sperm and contains ‘powerful’ antioxidants, including lycopene.”

After evaluating the evidence, the false advertising suit says, NAD found that ingredient testing “did not support the challenged claims,” and the group recommended that Bayer “discontinue or modify” the representations to “avoid conveying the unsupported message” that the pre-conception supplement will boost the chances of conception or improve sperm health or viability.

The defendant, per NAD, stated that “it will comply with NAD’s recommendations.”

The lawsuit contends that consumers paid a premium for the One A Day Men’s Pre-Conception Health Multivitamin supplement based on the “supports healthy sperm” claim and the messaging it conveys. Had the plaintiff and class members known that the supplements did not improve men’s chances of conception, sperm health, and viability, they would have paid less for the supplements or skipped purchasing them altogether, the case says.

According to the complaint, the marketing for the One A Day supplement says men “should prep for pre-conception too,” encouraging men to “do their part by supporting the health of their sperm.” Bayer additionally represents that the product should be taken for “at least” three months before trying to conceive, the case states.

Per the filing, falling fertility rates in the United States have led to an increased demand—and willingness to pay a premium for—fertility supplements, which the suit says Bayer seeks to capitalize on with the claim that the product improves sperm health. The lawsuit notes that the Pre-Conception Health Multivitamins cost far more than Bayer’s standard One A Day Men’s Multivitamins, which reportedly retail for $0.50 per pill compared to $0.09 per pill.

The complaint contends that consumers have been injured economically given the premium price they paid based on Bayer’s “false and misleading representations.”

The Bayer class action lawsuit looks to cover all individuals in New York who purchased One A Day Men’s Pre-Conception Health Multivitamin during the applicable statute of limitations period.

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