2 = 2, Unless the 2 are in “ONE A DAY”

July 28, 2011

By Ricardo Carvajal

A federal district court dismissed with prejudice a claim that Bayer’s labeling of gummy vitamins violated the Arkansas Deceptive Trade Practices Act.  Plaintiff alleged that the brand name “ONE A DAY” is misleading because the daily serving size for the vitamins is two gummies.  Acknowledging that plaintiff’s claim “carries a logical appeal” and “is not silly,” the court nonetheless ruled that no reasonable consumer would be deceived when the label is considered as a whole.  The label stated the dosage three times, as well as the number of servings in the container.  Further, plaintiff failed to allege that he was deceived.