Vive Organic Immunity Boost Wellness Shots Are Deceptively Advertised, Class Action Lawsuit Claims

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A proposed class action lawsuit alleges that Vive Organic, Inc. has misled consumers into believing that its Immunity Boost wellness shots are “Doctor Crafted” and can boost the immune system.

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The 22-page lawsuit asserts that Vive Organic’s representations are false and misleading given that there is no clinical or medical evidence to prove that the beverages can boost immunity as advertised or that the doctors touted as having helped develop the product’s formula have any relevant expertise in immunology. 

The class action complaint states that many consumers are interested in taking proactive measures to protect their health and are willing to pay more for products advertised as able to bolster the immune system, particularly in the wake of the COVID-19 pandemic.

The false advertising lawsuit alleges that Vive Organic’s representations that its wellness shots can improve immune function are deceptive and misleading. The filing says there are, in fact, no foods or supplements, including the Immunity Boost shots at issue, that can “boost” an individual’s immunity to ward off disease, illness or infection, and numerous reputable medical experts and institutions have consistently “debunked” such claims.

“Because the very concept of ‘immunity boost’ is scientifically meaningless and inaccurate (except in the context of vaccinations) reliable evidence does not exist to substantiate any such claim,” the lawsuit states.

The case points to an article by Harvard Health Publishing, a division of Harvard Medical School, that stated that although many products are purported to boost or support immunity, it “makes little sense scientifically.” Further, the lawsuit says that a 2022 Inverse article, updated in 2024, cited a clinical immunologist who stated that the idea of an immune boost is “a term used by the wellness industry to sell products that are wildly unproven scientifically.”

Moreover, Vive does not direct consumers, either on product packaging or on its website, to any scientific evidence that supports its immunity-boosting claims, and instead relies on “various buzz words [sic]” such as “expertly formulated” and “proven by science,” the suit claims.

The complaint shares that the director of McGill University’s Office for Science and Society opined in a 2021 article that purported immune-boosting benefits are not feasible and said that “[t]he immune system is not like a muscle the size of which can be boosted by exercise. It is a highly complex system of cells, tissues, organs and a host of chemicals they produce to help the body fight infections and other diseases.”

In addition to claims that the Immunity Boost wellness shots are “Doctor Crafted,” packaging for the beverages depicts three people identified as the doctors who assisted with creating the shots. The case alleges that Vive deploys these images to create the impression that the shots were crafted by licensed physicians with relevant medical expertise, when in fact the doctors depicted have no relevant expertise in immunology.

The lawsuit says that the referenced individuals are an Ayurvedic practitioner (not a licensed physician) and two doctors whose specialties are family and environmental medicine. Vive Organic has removed references to two of the doctors from its website, but their images and names remain on the beverages’ packaging, the case states.

Consumers would not have purchased the Vive Organic Immunity Boost shots at the prices they did, or would not have purchased them at all, had they known the products could not provide the advertised benefits and were not crafted by physicians with relevant expertise, the lawsuit says.

The Vive Organic class action lawsuit seeks to cover all consumers who purchased the affected products in New York for personal or household use, not for resale during the statute of limitations for each cause of action alleged.

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