One A Day Gummy Vitamin Deception Claims Advance Against Bayer

Bayer Corp.'s “One A Day” name for gummy vitamins could make consumers think one chewable per day will satisfy their full nutritional needs when two are required, a federal judge said in advancing proposed class suit.

Tanysha Newman raised viable New York consumer protection and breach of warranty claims, Judge Kenneth M. Karas of the US District Court for the Southern District of New York said Thursday.

Karas followed a Second Circuit opinion saying it’s plausible that the large, boldfaced words “whole grain” on Cheez-It boxes would make consumers think whole grain was the predominant grain when the crackers were ...