A proposed class action alleges the Sundown Kids brand of multivitamins emblazoned with Disney, Pixar, Marvel and Star Wars characters are not as “complete” as buyers are led to believe given the products lack certain essential B vitamins.
The 40-page lawsuit says that although the following varieties of Sundown Kids multivitamin gummies are touted by defendants Rexall Sundown, NatureSmart and The Bountiful Company (formerly known as Nature’s Bounty Co.) as “complete,” meaning they contain all B vitamins recognized by the FDA and the National Institute of Health, the products, unbeknownst to consumers, actually lack Vitamin B1 (thiamine), Vitamin B2 (riboflavin) and Vitamin B3 (niacin):
Disney and Pixar Incredibles 2 Multivitamin Gummies;
Disney and Pixar Toy Story 4 Complete Multivitamin Gummies;
Disney Frozen 2 Complete Multivitamin Gummies;
Disney Princess Complete Multivitamin Gummies;
Marvel’s Avengers Complete Multivitamin Gummies;
Marvel’s Spider-Man Complete Multivitamin Gummies; and
Star Wars Complete.
Given that the Sundown Kids “complete” multivitamins failed to conform with the statement of quality made by the defendants on product labels, the labels of the items are deceptive and misleading, the suit alleges.
According to the complaint, the defendants modified and changed the labels of the Sundown Kids multivitamins in 2020 by adding a diamond-shaped symbol next to the word “Complete” on the products’ front label. Per the case, the diamond-shaped symbol refers consumers to a section of the product’s back label where a representation that used to say “B Vitamins” has been revised to read “select B vitamins.” Another label change was the defendants’ swap of “13 Essential Nutrients” for “13 Key Nutrients,” the filing adds.
The case claims that although the defendants now sell some of the Sundown Kids multivitamins with modified labels that include the “select B Vitamins” statement, the companies also continue to sell the products with the older “misleading and deceptive labels.”
“As of April 2021, depictions of the Products with the deceptive and misleading labels still appear on the Sundown Nutrition website, as well as on major online retailers such as Amazon,” the complaint reads.
The lawsuit goes on to allege the defendants have further misled consumers by representing that the multivitamins contain all 13 vitamins recognized as essential by the FDA and NIH—Vitamins A, C, D, E, B1, B2, B3, B5, B6, B7, B9 and B12. This representation is false given the Sundown Kids multivitamin gummies do not contain vitamins B1, B2, or B3, according to the suit.
Consumers reasonably relied upon the defendants’ representations when purchasing the multivitamins and would not have done so, or would have paid significantly less for the products, had they known they lacked the missing B vitamins, the lawsuit contends.
The case looks to represent all consumers in the United States and its territories who, within the relevant statute of limitations period, bought any of Sundown Kids multivitamin gummies bearing the “Complete” representation without the qualifying “select B vitamins” language on the back of the container.
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