Vi-Jon Hit with Class Action After Expanding Magnesium Citrate Saline Laxative Recall
Patora v. Vi-Jon, LLC
Filed: August 5, 2022 ◆§ 7:22-cv-06678
Vi-Jon faces a class action lawsuit a day after it expanded a voluntary worldwide recall of its magnesium citrate saline laxatives due to microbial contamination.
Vi-Jon faces a proposed class action lawsuit a day after it expanded a voluntary worldwide recall of its magnesium citrate saline laxatives due to microbial contamination.
According to the 31-page complaint, Vi-Jon has “improperly, deceptively and misleadingly” labeled and marketed the products, in particular by failing to disclose that consumption of the laxatives may increase the risk of contracting an invasive infection.
The cherry-, grape- and lemon-flavored magnesium citrate saline laxatives at issue are contaminated with gluconacetobacter liquefaciens, a bacterium that can cause serious, life-threatening health consequences, especially through oral ingestion, the filing says. Per the suit, the risk of infection is higher for immunocompromised individuals.
According to the Food and Drug Administration, Vi-Jon is aware of three reports of serious adverse reactions potentially related to the recalled laxatives. To date, Vi-Jon, who the lawsuit says makes over-the-counter private label magnesium citrate products for CVS, Rite Aid, Walgreens, Walmart, Target and “many others,” has issued three voluntary recalls of the magnesium citrate saline laxatives, the suit states.
The complete list of Vi-Jon magnesium citrate saline laxatives covered by the recall can be found on the FDA’s website here.
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The lawsuit argues that although the defendant lists on the products’ labels both the active and inactive ingredients in the laxatives, nowhere on the packaging are buyers informed that the products contain, or are at risk of containing, gluconacetobacter liquefaciens.
The filing states that magnesium citrate causes the intestine to release water into the stool, which softens the stool and helps relieve constipation and irregularity.
Gluconacetobacter liquefaciens, according to the case, is a gram-negative bacterium that grows best in sugary, acidic and alcoholic habitats, and can develop during the manufacture of fruit juice and citrus products, such as the laxatives at issue.
The suit stresses that consumers trust manufacturers such as Vi-Jon to sell products that are free from harmful substances, and expect that the magnesium citrate will not contain, or risk containing, any substances that could be life threatening. Per the lawsuit, the magnesium citrate saline laxatives at issue have no value and are in no way safe for humans.
The lawsuit looks to cover all consumers who purchased Vi-Jon’s magnesium citrate saline laxative products anywhere in the United States within the applicable statute of limitations period.
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