CVS Health Gummy Supplements Falsely Advertised as Containing ‘No Artificial Preservatives,’ Class Action Alleges

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A proposed class action lawsuit alleges certain CVS Health gummy supplements are falsely advertised as free from artificial preservatives.

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The 25-page lawsuit says that despite the front-label claims that CVS Health Hair, Skin & Nails Assorted Gummies, Prebiotic + Probiotic Gummies, Everyday Care Probiotic Adult Daily Gummies and Advanced Probiotic Gummies contain “No Artificial Preservatives,” the supplements are made with a synthetic form of citric acid, an ingredient used to keep processed foods fresh.

Filed against CVS Pharmacy, Inc., the case notes that citric acid is classified as a preservative by the U.S. Food and Drug Administration and functions as such regardless of whether it is added to a food product for a different purpose.

According to the filing, the version of citric acid CVS Health uses in its gummy products is manufactured using heavy chemical processing from a black mold called Aspergillus niger. The ingredient helps preserve foods by lowering pH, which inhibits the growth of bacteria, mold, yeast and fungus, the complaint explains.

“Consumption of manufactured citric acid has been associated with adverse health events like joint pain with swelling and stiffness, muscular and stomach pain, as well as shortness of breath,” the suit says.

The case claims consumers have paid more for the CVS Health gummies than they otherwise would have if they had known the products were misrepresented as containing no artificial preservatives. 

“[The] defendant’s packaging, labeling, and advertising scheme is intended to give consumers the impression that they are buying a premium product that is free from preservatives,” the suit says, claiming that CVS Health’s misconduct violates California consumer protection laws.

The lawsuit looks to represent anyone who purchased any of the CVS Health gummy supplements mentioned above in California during the applicable statute of limitations period.

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