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 ...