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Bayer Can’t Escape Flintstones ‘Complete’ Vitamins Class Action

Bayer Healthcare will be required to face a class action lawsuit over allegations that the company’s Flintstones multivitamin gummies are improperly labeled as “complete.”

Last week, U.S. District Judge John A. Kronstadt rejected Bayer’s argument that he did not have the proper jurisdiction to oversee a proposed nationwide Class.

He also opposed Bayer’s claim that the named plaintiff’s breach of warranty, fraud, and misrepresentation allegations were invalid.

Judge Kronstadt determined that the Flintstones class action lawsuit should indeed move forward, saying that Bayer’s attacks on the plaintiff’s class action “cannot be determined as a matter of law on the present record.”

Plaintiff Camille Cabrare filed the Flintstones gummy vitamins class action lawsuit in November 2017. She claimed that the vitamins were mislabeled as “complete” and should not be touted as such because they do not contain all vitamins.

She seeks to represent herself and any customers around the country who purchased the vitamins. She also seeks to represent a subclass of California consumers who purchased the vitamins, bringing fraud claims under California state law.

According to Cabrare, both the original version of the Flintstones gummies and the sour variety bear the word “complete” in large capital letters on their front label.

She argues that “by representing that each of the products is a ‘complete’ multivitamin supplement, [Bayer warrants] to consumers of the products that the products contain all of the vitamins.”

The plaintiff says that this is a misrepresentation because the products do not contain vitamin K, vitamin B1 (thiamin), vitamin B2 (riboflavin) or vitamin B3 (niacin).

Bayer shot back at this argument, saying that no reasonable consumer would believe that a multivitamin would contain every vitamin.

In addition, Bayer argued that the word “complete” is not interchangeable with the term “all,” and based on this, moved to dismiss Cabrare’s claims that she brought under the California Consumers Legal Remedies Act, Unfair Competition Law, and a false advertising statute.

Judge Kronstadt determined that Bayer did not find sufficient fault with Cabrare’s claims, saying that the allegations of the class action “are sufficient to state a claim that the word ‘complete’ on the labeling could give rise to a reasonable inference or belief that the product contains ‘all’ vitamins.”

Judge Kronstadt went on to then say that “the effect of the disclosures on the supplement facts label cannot be determined as a matter of law on the present record,” denying Bayer’s bid to dismiss Cabrere’s claims that the company had breached warranty and committed fraud.

Judge Kronstadt also disagreed with Bayer’s claims that he did not have appropriate jurisdiction to oversee a nationwide Class.

Cabrare is represented by Benjamin Heikali and Joshua Nassir of Faruqi and Faruqi LLP.

The Flintstones Gummy Vitamins Labeling Class Action Lawsuit is Camille Cabrera v. Bayer Healthcare LLC, et al., Case No. 2:17-cv-08525, in the U.S. District Court for the Central District of California.

UPDATE: On March 19, 2020, customers who filed a lawsuit over claims that Flintstones “complete” gummy vitamins do not live up to their advertisements are asking forClass certification.

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Sours: https://topclassactions.com/lawsuit-settlements/consumer-products/supplements/884763-bayer-cant-escape-flintstones-complete-vitamins-class-action/

Flintstones Children's Complete Multivitamin Chewable Tablets - Mixed Fruit

  • Flintstones Complete Chewable multivitamins provide toddlers, children and teens with nutritional support in easy to chew, fruit flavored tablets.
  • Free of synthetic artificial colors, artificial flavors, egg allergen, fish/crustacean shellfish allergens, high fructose corn syrup, dairy (milk) allergen, peanut & tree nut allergens, soy allergen
  • Directions: Under adult supervision, product should be fully chewed or crushed. Children 2 & 3 years of age: Fully chew one-half tablet daily, with food. Adults and children 4 years of age and older: Fully chew one tablet daily, with food.
  • Contains Vitamin A, Vitamin B6, Vitamin B12, Vitamin C, Vitamin D, Vitamin E, Vitamin K, Biotin, Calcium, Copper, Folic Acid, Iodine, Iron, Niacin, Pantothenic Acid, Riboflavin (B2), Thiamin (B1), Zinc
  • Nutritional support you can trust to help kids thrive. Flintstones Vitamins are the #1 pediatrician recommended children's multivitamin brand.
  • Flintstones Vitamins are compliant with the new FDA labeling regulations. You may see products that have both the original and new supplement facts labels. Flintstones Vitamins will continue to offer nutritional support for the fast-moving kids of today.
  • Today's kids (and parents) demand more, so you may notice something different about us. Introducing the Flintstones chewable vitamin upgraded formula with a new look, free of artificial flavors and synthetic colors!
  • Sours: https://www.target.com/p/flintstones-children-s-complete-multivitamin-chewable-tablets-fruit-flavors-150ct/-/A-11201240
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    The Cold, Hard Truth About Flintstones Vitamins

    As a child, my daily routine included taking a vitamin every day before breakfast. Flintstones Complete Chewable Multivitamins were the vitamins on hand in our kitchen, and even though I sort of hated them (especially the orange ones) I was forced to eat them every morning by my parents and older brother. A number of parents, like mine, believe that Flintstones are the best vitamins available for kids. But are they really that good for you? And if you’re a grown adult should you still be eating them?

    Sure, Flintstones vitamins are fun, colorful, and come in a variety of flavors that make them more enjoyable to consume than giant bland pills, but a deeper look into their ingredients list might make you rethink taking them. The second ingredient listed in Flintstones Complete Chewables is sorbitol, a sweetening agent used in place of sugar. Sorbitol is typically used as a laxative agent, and therefore can cause nausea, stomach cramps, and severe diarrhea if consumed in too high a quantity.

    flintstones vitamins

    Photo courtesy of @soreyfitness on Instagram

    In 1999, The Center for Science in the Public Interest petitioned the FDA to require a label on products containing sorbitol, warning consumers against the problems it may cause. Sorbitol’s negative symptoms can take effect when anywhere from 10 to 50 grams are consumed. Children can be affected by even smaller amounts. Yet the FDA concluded that the label was not needed.

    In addition to Sorbitol, Flintstones vitamins with iron contain fructose, another form of sugar. But unlike sugar, which is broken down by all the cells in our body for energy, fructose is broken down only by liver cells. This builds up triglycerides, a type of fat that damages liver function. According to Harvard Health Publications, fructose is also linked to obesity and diabetes, and should only be consumed in small amounts.

    flintstones vitamins

    Photo courtesy of iherb.com

    Another big problem with Flintstones vitamins is the use of artificial colors and flavors. Yes, pretty colors make them more appealing to kids, but they can actually be very bad for them. In the UK, artificial colorings are actually banned, and in the EU foods with artificial colorings must have a warning label saying that they “may have an adverse effect on activity and attention in children.” These effects may lead to ADHD in some children.

    The final, and much debated controversy surrounding the cartoon vitamins is whether or not children even need to take vitamins in the first place. Many health experts vouch that the foods we consume on a daily basis already have added vitamins in them—including cereals, bread, eggs, and yogurt. Dr. Kadakkal Radhakrishnan, a pediatric gastroenterologist and hepatologist at the Cleveland Clinic, says that if you’re following a balanced diet vitamins aren’t really needed, though they can be beneficial to those with special dietary needs, such as vegetarians.

    flintstones vitamins

    Photo courtesy of thekrazycouponlady.com

    While Flintstones vitamins may contain a variety of vitamins and minerals beneficial to children, they also contain a lot of chemicals and additives that can cause harm to their health. If you’re going to take vitamins, it’s best to stick to ones that contain only natural ingredients, which might sadly mean they’re not shaped like Fred and Wilma.

    Sours: https://spoonuniversity.com/news/the-cold-hard-truth-about-flintstones-vitamins
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