New Chapter Must Face Prebiotic Gummy Deceptive Advertising Suit

New Chapter Inc. failed to convince a federal judge to toss a proposed class action alleging it improperly labeled the amount of fiber in its gummy supplements and duped consumers into thinking its Kids Gummies were different from its fiber ones.

The consumer’s claims weren’t preempted by federal law because both the applicable statute and state law prohibit false and misleading nutrient content claims, the US District Court for the Central District of California said Wednesday.

Plaintiff Tinamarie Barrales sued after purchasing the company’s fiber gummies and kids fiber gummies. The front label of each said “with 4g of prebiotic ...