Thanks to the MNB user who sent us a link to the following store from the Food and Drug Administration (FDA) Law Blog:
“A federal district court dismissed with prejudice a claim that Bayer’s labeling of gummy vitamins violated the Arkansas Deceptive Trade Practices Act. Plaintiff alleged that the brand name ‘ONE A DAY’ is misleading because the daily serving size for the vitamins is two gummies. Acknowledging that plaintiff’s claim ‘carries a logical appeal’ and ‘is not silly,’ the court nonetheless ruled that no reasonable consumer would be deceived when the label is considered as a whole. The label stated the dosage three times, as well as the number of servings in the container. Further, plaintiff failed to allege that he was deceived.”
“A federal district court dismissed with prejudice a claim that Bayer’s labeling of gummy vitamins violated the Arkansas Deceptive Trade Practices Act. Plaintiff alleged that the brand name ‘ONE A DAY’ is misleading because the daily serving size for the vitamins is two gummies. Acknowledging that plaintiff’s claim ‘carries a logical appeal’ and ‘is not silly,’ the court nonetheless ruled that no reasonable consumer would be deceived when the label is considered as a whole. The label stated the dosage three times, as well as the number of servings in the container. Further, plaintiff failed to allege that he was deceived.”
- KC's View:
