Texans for Lawsuit Reform

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In the News

California court rules for man suing because he has to take two One A Day Vitacraves instead of one

Legal Newsline, September 19, 2018

By: William Sassani

A California appeals court has reversed a lower court’s ruling in favor of Bayer Corp. in a case over the company’s One A Day gummy vitamins.

In its 28-page ruling issued Sept. 7, the court reversed the decision of the Orange County Superior Court that sustained Bayer’s demurrer without leave for amend.

Bayer Corp. was originally sued by William Brady in a class action filed in March 2016 over allegations its packaging of the Vitacraves adult multivitamin line of gummy vitamins is misleading.

The court noted in its ruling that the front side of the bottle clearly says One A Day while on the back of the bottle’s supplemental facts states that two gummy vitamins are recommended daily.

Bayer’s position, according to the ruling, is that “modern consumers carefully read and analyze the formulations of the vitamins on the market and make their choices based upon their own expertise.”

The court wrote “That’s a stretch,” concluding that consumers make their decisions based on brand familiarity and trust.

The court summarized its opinion in three ways. One is that common sense says that, given the labeling on the front of the bottle, one vitamin is all that is needed instead of two.

Another is what the court calls “literal truth,” that is, “in the context of its gummie product, the One A Day brand name is literally false,” the ruling states.

Also, the court stated that the brand name One A Day is misleading to consumers as two gummies are needed per day to obtain the full nutritional benefit. Finally, that “the front of the product makes no attempt to warn the consumer that a one-a-day jar of gummies is in fact full of two-a-day products,” the ruling states.

Thus, the court reversed the judgment of the lower court.

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lawsuitreform avatarTLR@lawsuitreform·
1 Jul 1542991625462464513

TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #tortreform #stoplawsuitabuse

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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lawsuitreform avatarTLR@lawsuitreform·
1 Jul 1542901497490456578

#ICYMI: Certain business courts like the Delaware Court of Chancery can be an important addition to a state’s economic foundation. These courts quickly & expertly handle complex business litigation freeing up other courts to handle other cases. Read & RT:

Making Business Our Business

Much has been written about Elon Musk—eccentric billionaire, CEO of some of the most innovative companies in the world and… future owner of Twitte...

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lawsuitreform avatarTLR@lawsuitreform·
30 Jun 1542629262443905024

Fighting lawsuit abuse keeps our courts fair and our economy strong. Learn more →

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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