P&G Can’t Shed False-Ad Lawsuit Over Melatonin Sleep Aid Dose

May 25, 2023, 2:12 PM UTC

Procter & Gamble Co. failed to shake off a proposed class action alleging a sleep aid contains significantly more melatonin than the label says.

Lynda Calderon’s suit isn’t preempted by federal law governing dietary supplement labeling, and she stated a viable consumer deception claim under Illinois law, the US District Court for the Northern District of Illinois said Wednesday.

Similar suits are pending against Zarbee’s Inc. and Unilever unit Olly Public Benefit Corp.

Calderon, who bought Vicks Pure Zzzs Nightly Sleep Tablets, alleged that testing showed the tablets had 150% more melatonin than the stated dose. She said the product ...

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