Lawsuits Filed Against Olly, P&G, Alleging Deceptive Advertising of Melatonin Supplements


On Friday, June 24, Dovel & Luner, a litigation boutique law firm, filed a federal class action lawsuit against Olly Public Benefit Corporation and The Proctor & Gamble Company on behalf of consumers nationwide who purchased melatonin supplements. The lawsuit alleges that Olly and Proctor & Gamble misled consumers by inaccurately dosing and labeling its over-the-counter melatonin supplements.

In the case against Olly, the complaint, filed in the United States District Court for the Northern District of California, alleges that Olly violated the consumer protection laws of numerous states, including California Unfair Competition Law and California False Advertising Law.

Olly’s supplement labels state that its melatonin products, like Olly Sleep and Olly Extra Strength, contain specific amounts of melatonin per serving, e.g., 3 mg or 5 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 165 [percent] to 274 [percent] of the amount claimed.”

“Olly’s labeling is false and misleading to consumers in multiple respects,” the complaint states. “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 expects that a melatonin supplement has a random and substantial overdose of melatonin, compared to what it is supposed to have.”

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 state 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 [percent] to 164 [percent] of the amount claimed.”

In response to the lawsuit,  P&G stated, “P&G stands by the safety and efficacy of PURE Zzzs. PURE Zzzs is formulated and marketed in accordance with laws governing supplements, and it is a safe and effective supplement when used as directed for relief of occasional sleeplessness.”

Olly has not responded to a request for comment.

For more information, visit www.dovel.com.

On Friday, June 24, Dovel & Luner, a litigation boutique law firm, filed a federal class action lawsuit against Olly Public Benefit Corporation and The Proctor & Gamble Company on behalf of consumers nationwide who purchased melatonin supplements. The lawsuit alleges that Olly and Proctor & Gamble misled consumers by inaccurately dosing and labeling its over-the-counter melatonin supplements.

In the case against Olly, the complaint, filed in the United States District Court for the Northern District of California, alleges that Olly violated the consumer protection laws of numerous states, including California Unfair Competition Law and California False Advertising Law.

Olly’s supplement labels state that its melatonin products, like Olly Sleep and Olly Extra Strength, contain specific amounts of melatonin per serving, e.g., 3 mg or 5 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 165 [percent] to 274 [percent] of the amount claimed.”

“Olly’s labeling is false and misleading to consumers in multiple respects,” the complaint states. “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 expects that a melatonin supplement has a random and substantial overdose of melatonin, compared to what it is supposed to have.”

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 state 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 [percent] to 164 [percent] of the amount claimed.”

In response to the lawsuit,  P&G stated, “P&G stands by the safety and efficacy of PURE Zzzs. PURE Zzzs is formulated and marketed in accordance with laws governing supplements, and it is a safe and effective supplement when used as directed for relief of occasional sleeplessness.”

Olly has not responded to a request for comment.





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