CVS Class Action: Are "No Artificial Preservatives" Gummies Misleading?

A California consumer is taking on pharmacy giant CVS over claims that some of their popular gummy supplements are falsely advertised as containing "No Artificial Preservatives."

Plaintiff Eugenia McLaurin's proposed class action lawsuit specifically targets CVS Health Hair, Skin & Nails, Prebiotic + Probiotic, Everyday Care Probiotic Adult Daily, and Advanced Probiotic gummy supplements. Despite the prominent "No Artificial Preservatives" claim on the product packaging, she alleges these supplements contain a synthetic form of citric acid, an ingredient classified as a preservative by the U.S. Food and Drug Administration (FDA).

Lawsuit Claims CVS "Natural" Gummy Vitamins Contain Synthetic Preservative

McLaurin claims that CVS's use of the term "No Artificial Preservatives" is a deceptive marketing tactic designed to give consumers the false impression that they are purchasing a premium, preservative-free product. 

According to the lawsuit, the citric acid used in these supplements is not naturally derived but is instead manufactured using a black mold called Aspergillus niger through a process of heavy chemical processing. The lawsuit also highlights potential health risks associated with consuming manufactured citric acid, including joint pain, muscular pain, stomach pain, and shortness of breath.

"Consumption of manufactured citric acid has been associated with adverse health events like joint pain with swelling and stiffness, muscular and stomach pain, as well as shortness of breath," the lawsuit states.

Consumers Claim CVS Misled Them on Gummy Supplements

McLaurin claims that consumers, including herself, have shelled out more for these CVS Health gummies due to the belief they were purchasing a premium, preservative-free product. The suit accuses CVS of a deceptive "packaging, labeling, and advertising scheme" designed to mislead health-conscious consumers.

"The defendant's misconduct violates California consumer protection laws," the lawsuit states, seeking to represent not only McLaurin but anyone in California who purchased the affected gummy supplements within the legal timeframe.

CVS Health Gummies Join Growing List of Supplements Facing Legal Scrutiny

This lawsuit comes amidst growing scrutiny of the supplement industry, with many brands facing similar legal challenges over misleading labeling and advertising.

Zenwise LLC is currently facing a class action lawsuit over its Digestive Enzymes and No Bloat supplements, which a consumer claims did not deliver the promised relief. Additionally, Miracle Moo colostrum supplements are being challenged over claims of scientific validation and clinically dosed immunity benefits.

Onnit Labs, co-founded by Joe Rogan, is also defending its Alpha Brain pills against accusations that they fail to deliver the promised cognitive enhancements. Moreover, both GNC and Now Health Group are facing lawsuits claiming their magnesium supplements contain less magnesium than advertised.

In the CVS Health gummies class action lawsuit, McLaurin seeks to represent all California consumers who purchased the affected CVS Health gummy supplements, alleging violations of California consumer protection laws and demanding that CVS cease its misleading marketing practices, provide restitution to affected consumers, and correct its product labeling.

Case Details

• Lawsuit: McLaurin v. CVS Pharmacy Inc.
• Case Number: 2:24-cv-05177
• Court: Superior Court of the State of California for the County of Los Angeles

Plaintiffs' Attorneys

• Craig W. Straub, Kurt D. Kessler, and Michael T. Houchin (Crosner Legal PC)