Judge Rejects Bayer’s Bid to Decertify Class Over Gummy Vitamin Labeling

WHITE PLAINS (LN) — U.S. District Judge Vincent L. Briccetti on Wednesday denied Bayer’s motion for partial summary judgment and class decertification in a putative class action alleging the company’s One A Day gummy vitamins misled consumers about serving sizes and price premiums.

Lead plaintiff Tanysha Newman contends the labeling on Bayer’s One A Day VitaCraves gummies is deceptive because it leads consumers to believe the serving size is one gummy, when the full nutritional benefit requires two.

Newman argues this misrepresentation allowed Bayer to charge a price premium compared to competitive products.

Bayer sought to decertify the class or win summary judgment, arguing that absent class members lacked Article III standing because there was no evidence each individual was deceived.

Briccetti rejected that argument, noting that under Second Circuit precedent, overpaying for a product constitutes a concrete injury in fact.

The court held that evidence from internal marketing studies suggested Bayer knew consumers were confused about the two-pill dosing and emphasized the “one pill per day” message to justify a premium price point. The court noted that a reasonable jury could determine defendants charged a price premium because of the deceptive labeling, even if some consumers were not individually misled.

An April 2015 study by Perception Research Services advised Bayer to “emphasize the ‘one pill per day’ message of convenience / ease and security that your nutritional needs are covered” to “work harder at shelf” and “justify its premium price point.”

A 2013 Nielsen study found that “awareness of the 2-pill dosing diminishes value perceptions.” The court noted that the study indicated consumer acceptance of higher prices was based on initial value perceptions at a time when many consumers were largely unaware of the 2-pill dosing.

The judge also found that predominance and ascertainability requirements for class certification remained satisfied, rejecting Bayer’s claim that individualized inquiries would be required.

Briccetti scheduled a case management conference for June 10, 2026, at the White Plains courthouse, where counsel must discuss settlement efforts and a proposed notice plan.