SANTA MONICA – Dovel & Luner, a litigation boutique law firm, on Friday filed two federal class action lawsuits against Olly Public Benefit Corporation and The Procter & Gamble Company (“P&G”) on behalf of consumers nationwide who purchased Olly melatonin and Vicks Pure Zzzs melatonin supplements. The lawsuits allege that Olly and P&G misled millions of consumers by inaccurately dosing and labeling their over-the-counter melatonin supplements.
In the case against P&G, The Complaint, filed in the United States District Court for the Northern District of Illinois, alleges that P&G violated the consumer protection laws of numerous states, including the Illinois Consumer Fraud and Deceptive Business Practices Act.
P&G’s Vicks supplement labels claim that its melatonin products, like Vicks Pure Zzzs All Night and Vicks Pure Zzzs Kidz, contain specific amounts of melatonin per serving, e.g., 2 mg or 1 mg. According to the lawsuit, lab testing revealed that the melatonin products “were substantially (and seemingly randomly) overdosed” and that “the true amount of melatonin was 150% to 164% of the amount claimed”.
In the case against Olly, The Complaint states: “Olly’s labeling is false and misleading to consumers in multiple respects. The dosage of Olly Melatonin is not well-controlled and consistent with the dosages for which Olly designed the recommended servings. Olly Melatonin does not have the amount of melatonin claimed on the label. And Olly does not even mention that the actual dosage may vary.”
“No reasonable consumer wants to buy and ingest a supplement containing a random, undisclosed amount of melatonin,” the complaint asserts.
“Consumers need to be able to rely on the labels for melatonin supplements,” said Jonas Jacobson of Dovel & Luner. “Plaintiffs brought these cases to protect the millions of U.S. consumers that buy Olly and Pure Zzzs melatonin.”