Class actions filed against Olly and Procter & Gamble allege inaccurate dosing of melatonin supplements

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Santa Monica, CA-based law firm, Dovel & Luner, has filed two federal class action lawsuits against Olly Public Benefit Corporation and The Procter & Gamble Company alleging that the companies are misleading consumers by inaccurately dosing their melatonin supplements. In its lawsuit filed in the United States District Court of the Northern District of California, the plaintiffs allege that Olly’s Sleep, Immunity Sleep, and Extra Strength Sleep melatonin supplements exceeded their advertised dosage of mg per gummy by 274%, 165%, and 190%, respectively. Liquid Chromatography-Mass Spectrometry analysis was used to measure the amount of melatonin in each product, testing three gummies per bottle and averaging the results. The complaint alleges that Olly has violated numerous state consumer protection laws, California’s Unfair Competition Law, California’s False Advertising Law, and unjustly benefited at the expense of plaintiffs and class.

In its lawsuit filed in the United States District Court of the Northern District of Illinois, the plaintiffs allege that Procter & Gamble’s Vick’s Pure Zzzs Melatonin (gummies) and Pure Zzzs Nightly Sleep (tablets) melatonin supplements exceeded their advertised dosage of mg per gummy and tablet by 163% and 150%, respectively. Liquid Chromatography-Mass Spectrometry analysis was used to measure the amount of melatonin in each product, testing three gummies and tablets per bottle and averaging the results. The complaint alleges that Procter & Gamble has violated numerous state consumer protection laws, the Illinois Consumer Fraud and Deceptive Business Practices Act, unjustly benefited at the expense of plaintiffs and class.