Emergen-C Class Action Claims Misleading Vitamin C Amounts

Case Overview: A class action lawsuit claims Emergen-C gummies contain less Vitamin C than advertised, misleading consumers about the product's nutritional value.

Consumers Affected: Consumers in the U.S. who purchased Emergen-C gummies since November 15, 2020.

Court: U.S. District Court for the Northern District of California

The makers of Emergen-C gummies are facing a class action lawsuit alleging their product contains less Vitamin C than advertised on its packaging. 

Filed on November 16, 2023, in a California federal court, the lawsuit accuses Haleon US Inc. and Alacer Corp. of overstating the amount of Vitamin C in their supplements, leading consumers to believe they were receiving more nutrients than the product actually delivers.

According to the complaint, Emergen-C gummies, including Strawberry, Lemon, and Blueberry flavors, are labeled as providing 750 milligrams of Vitamin C per serving. However, testing showed that some servings contained only 409 milligrams—approximately 45% less than the label’s claim.

Emergen-C Gummies Contain Less Vitamin C Than Advertised, Lawsuit Claims

The lawsuit points out that the gummies are packaged in transparent bottles, exposing them to light, air, and heat. This exposure reportedly causes the Vitamin C content to degrade over time, meaning the product often does not meet the advertised nutrient levels by the time it reaches consumers. Federal guidelines require dietary supplements to maintain the listed nutrient amounts throughout their shelf life, and products failing to do so are classified as misbranded.

Carlos Campos, the lead plaintiff, argues that customers relied on the product’s labeling to make purchasing decisions, expecting to receive the advertised nutritional benefits. According to the complaint, consumers paid higher prices for Emergen-C gummies under the belief they were receiving accurate Vitamin C levels.

Emergen-C Faces Previous Lawsuits Over Product Claims

Emergen-C products have faced similar lawsuits before. In 2014, the company settled a $6.45 million case over marketing claims about immunity, energy, and metabolism benefits. Another lawsuit in 2022 raised concerns about inaccuracies in the dosing instructions on Emergen-C product labels.

In the Emergen-C class action lawsuit, Campos seeks to represent all U.S. consumers who purchased Emergen-C gummies since November 15, 2020. He is requesting refunds for customers, damages, and a jury trial. The complaint alleges false advertising, unjust enrichment, and violations of state and federal consumer protection laws.

Case Details

• Lawsuit: Carlos Campos v. Haleon US Inc. et al.
• Case Number: 4:24-cv-08057-KAW
• Court: U.S. District Court for the Northern District of California  

Plaintiffs' Attorneys

• Marie A. McCrary, Seth A. Safier, and Kali Backer (Gutride Safier LLP)

Do you use Emergen-C gummies? What are your thoughts on this lawsuit? Share your opinion in the comments below.