Supplement Mislabeling Lawsuits: Goli ACV Gummies, Magnesium, and Melatonin Gummies

Dietary supplements are not approved by the FDA before sale, and companies are responsible for making sure their labels are accurate. Lawsuits step in when independent testing or basic chemistry suggests a label overstates or understates what is in the bottle. The claims here are mislabeling and false advertising cases seeking refunds.

Magnesium supplements

Two cases target magnesium. In Cohen v. eSupplements, LLC, No. 2:23-cv-06387 in the Eastern District of New York, buyers said Nutricost Magnesium Glycinate capsules were marketed as providing 420 mg of magnesium "as magnesium glycinate" when they did not. In Stonehart v. Now Health Group, Inc., No. 1:24-cv-04436 in the Northern District of Illinois, buyers say NOW Magnesium Citrate Softgels fail to disclose magnesium oxide, a cheaper and less absorbable form of the mineral.

Melatonin gummies

A research letter in JAMA on April 25, 2023 tested 25 melatonin gummy products and found 22 inaccurately labeled, with melatonin content ranging from 74 percent to 347 percent of the label. One product contained no detectable melatonin but did contain CBD. Class actions followed against several brands, including Zarbee's children's melatonin gummies.

Goli apple cider vinegar gummies

Goli Nutrition built a large business on ACV Gummies. On January 27, 2022, the National Advertising Division of BBB National Programs recommended that Goli stop implying the amount of apple cider vinegar in its gummies delivers the health benefits of traditional liquid ACV. NAD declined to review Goli's claims that the gummies contain "the Mother" because those claims were the subject of pending litigation. In March 2024, Goli avoided bankruptcy in Canada and agreed to be acquired by a group of investors.

The Goli story shows how quickly gummy supplements grew and how advertising claims drew scrutiny. NAD, the advertising industry's self-regulatory body, found that Goli supported its use of "Apple Cider Vinegar" in the product name and its "Taste the Apple, Not the Vinegar" claim, but not the message that its gummies deliver the benefits of liquid ACV. Goli said it would appeal parts of the decision. NAD decisions are not court rulings and do not award money to buyers, but they are often cited in later lawsuits.

In Stonehart, the court held on March 9, 2026 that the plaintiffs adequately alleged fraudulent concealment, unjust enrichment, New York General Business Law violations, and breach of express and implied warranties under New York and Utah law. The case now moves into discovery and, later, class certification.

In the Zarbee's case, Judge Charles Breyer of the Northern District of California largely denied the company's motion to dismiss on January 23, 2023. The plaintiff had bought 1 mg gummies for her eight-year-old and alleged they contained far more melatonin than labeled. We could not confirm a final outcome or settlement in that case.

The magnesium cases illustrate a common pattern in supplement suits: the fight is often over the form of an ingredient rather than whether it is there at all. Magnesium comes in many forms, such as glycinate, citrate, and oxide. According to the ruling summary, the NOW plaintiffs describe magnesium oxide as a cheaper and less bioavailable form of the mineral, meaning the body absorbs less of it, and say buyers paid for citrate without being told about the oxide. Buyers pay different prices for different forms, which is why a label that names one form but contains another can support a refund claim.

Settlements and rulings in one supplement case often prompt new filings against similar products.

Melatonin gummies are sold as supplements, not drugs, in the U.S., and many are marketed for children. The 2023 JAMA research letter by Cohen and colleagues is the study most lawsuits cite, so it is worth knowing exactly what it found.

• The researchers bought melatonin gummy brands sold in the U.S. and analyzed 25 products.
• In products that contained melatonin, the amount ranged from 1.3 mg to 13.1 mg per serving.
• Only 3 products, or 12 percent, were within 10 percent of the labeled amount.
• One product had no detectable melatonin but contained 31.3 mg of CBD. Five products listed CBD, with actual amounts from 104 percent to 118 percent of the label.

The study found actual melatonin ranging from 74 percent to 347 percent of the labeled amount, meaning some gummies held more than three times what the label said. For parents, that gap is the concern: a child given a small dose may actually get much more. The study did not test every brand or every lot, so it does not prove any particular bottle is mislabeled.

That is why the lawsuits focus on specific brands and rely on their own testing. In the Zarbee's case, the plaintiff alleged that 1 mg gummies she gave her eight-year-old contained far more than 1 mg, and the court let most of the claims proceed. If you are giving melatonin to a child, talk to your pediatrician about dose and product choice, and keep gummies out of reach, since they look and taste like candy.

• Nutricost magnesium: all people who, while living in the U.S., bought Nutricost Magnesium Glycinate in the 240 or 120 capsule size between February 1, 2021 and June 8, 2026. The claim deadline was August 7, 2026.
• NOW magnesium: buyers of NOW Magnesium Citrate Softgels, with the final class and class period to be set by the court.
• Melatonin gummies: buyers of the specific brands named in each lawsuit. Many cases were filed for particular states.

You probably do not qualify if you bought a different form or brand than the one named, such as magnesium oxide tablets that disclose their contents. If you did nothing in the Nutricost case, you are still bound by the settlement's release if it is approved, as explained in when class members are bound.

To check whether you bought a covered product, look at the exact name and size on your order history. The Nutricost settlement covered only the 120 and 240 capsule Magnesium Glycinate products labeled 420 mg per serving. Other Nutricost products, or magnesium from other brands, were not part of that deal.

The Nutricost settlement shows the typical structure. Each valid claim earns award units worth no more than $19.95 each: one unit per bottle for buyers whose purchases appear in sales records with a claim ID and PIN, and one unit for claimants without them. The value of each unit is the net fund, after fees, costs, and incentive awards of up to $10,000 per class representative, divided by the total units claimed.

For pending cases, no payout exists yet. Supplement settlements usually refund part of the price, often capped per household without proof. See how settlement money is divided and whether you need proof of purchase.

The Nutricost notice also explains what happens if you did nothing: you receive no payment but are still a settlement class member and give up the right to sue Nutricost separately over the same claims. That is why reading a notice matters even when the amount looks small. If the court grants final approval on October 15, 2026, payments would follow after the approval becomes final.

The Dietary Supplement Health and Education Act lets supplements reach the market without FDA approval, but labels must still be truthful and list what the product contains. State consumer protection laws, such as New York General Business Law sections 349 and 350 and California's Consumers Legal Remedies Act, let buyers sue over misleading labels. Plaintiffs usually rely on laboratory testing or on the chemistry of the stated ingredients; for example, the Nutricost plaintiffs said the capsules were sold as 420 mg of magnesium "as magnesium glycinate" when they were not.

Deadlines vary. California's Consumers Legal Remedies Act gives buyers 3 years to sue, and each state has its own statute of limitations. A pending class action generally pauses the clock for proposed class members.

Settlements in supplement cases also face court review. Under Federal Rule of Civil Procedure 23(e), a class settlement binds absent members only after the court finds it fair, reasonable, and adequate at a hearing, which is the purpose of the October 15, 2026 hearing in the Nutricost case. Class members who objected by the August 7, 2026 deadline can be heard there.

The Nutricost claim deadline was August 7, 2026, and the final approval hearing is October 15, 2026.

1. If you filed a Nutricost claim, keep your confirmation; payments depend on final approval at the October 15, 2026 hearing. Check the official settlement website, CohenMAG.com.
2. Save order histories for magnesium and melatonin supplements you buy regularly.
3. Store melatonin gummies out of children's reach; if a child swallows several, call Poison Control at 1-800-222-1222.
4. Be skeptical of sites offering to file supplement claims for a fee.

If a supplement caused a reaction or a child's overdose and you want to know your options, independent attorneys can look at it. A free case review takes about two minutes. Related: prenatal vitamin and protein powder cases, male enhancement supplements, and probiotic claims.

How the free case review works: you answer a few questions about the supplement, how long you took it, and what happened. It is free and there is no obligation. If your situation fits cases that independent attorneys are handling, one may follow up with you. Settlement claims are filed only on official settlement websites, never through us.