One A Day Chewable Gummies Require Two Per Day for Full Nutritional Benefit, Class Action Says

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A proposed class action contends that Bayer’s One A Day chewable vitamins are mislabeled considering consumers must take two or more of the supplements per day to get the full nutritional benefit.

The 18-page case says that the product’s name, “One A Day Chewables,” misleads buyers into believing that they only need to take one vitamin per day, and that bottles of the supplements will last twice as long as they actually do. 

Essentially, consumers are paying full retail price for half the amount of supplements, the suit claims.  

The filing argues that the stated number of gummies in each bottle, prominently displayed on product labels, sends the message that consumers will receive the supplement’s nutritional benefit for the same number of days as there are gummies in the bottle. However, these representations are not true, as consumers need to take at least two gummies per day, the suit states. 

“In fact, the bottle provides nutrition for, at most, only half that number of days,” the complaint reads, claiming that consumers have paid for a product that “does not perform as represented.” 

According to the lawsuit, the specific One A Day chewable supplements that are falsely advertised include: 

• 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; and
• One A Day VitaCraves ChewyBites.

The case says that reasonable consumers do not expect supplements labeled “One A Day” to require the consumption of two or more per day, and do not expect to pay more for those supplements and receive less. Although the supplement facts panel on the back of product labels discloses that the serving size for the chewables is “2 gummies,” no reasonable buyer would expect this information to contradict Bayer’s one-a-day claim, the filing argues. 

“Indeed, no symbol or other indicator on the front of the bottle even ostensibly directs consumers to this inconsistent language on the back of the bottle,” the suit says. 

The lawsuit looks to cover all consumers in the United States who bought any of the One A Day supplements listed on this page during the applicable statute of limitations period. 

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