F&F Defeats Motion To Dismiss In Emergen-C Case

On July 1, 2021 Faruqi & Faruqi, LLP scored a major victory in a lawsuit against Alacer Corp., the company that owns the popular immune support brand Emergen-C. The suit alleges that the company misleads consumers into believing that each gummy of Emergen-C’s Immune Support Gummy Products contain three times the amount of Vitamin C and Elderberry than they actually contain. 

In the decision denying the motion to dismiss, Federal District Court Judge Beth Labson Freeman held that the plaintiff had plausibly alleged that the representations on the products’ front labels (e.g., “Crafted with 50 mg of elderberry juice concentrate"), misleads consumers regarding the products’ dosage on a per gummy basis. The plaintiff will now move forward with his claims under California’s consumer protection laws. 

A copy of the Order on the motion to dismiss can be found here.