In the decision, Judge Breyer noted the FDA has imposed no upper limit on the amount of a vitamin or mineral that might be contained within supplements. Olly claims the lawsuit essentially represents an attempt by trial lawyers and plaintiffs to sidestep federal law and force supplement makers to submit to standards not set by law. In response, Olly said the lawsuit should be tossed, because it seeks to impose a standard on it and other supplement suppliers beyond that required under the law and under regulations promulgated by by the Food and Drug Administration. They claimed they would not have purchased the product if they knew it contained such large amounts of melatonin, which could allegedly disrupt their sleep patterns and result in the opposite of the effect desired when taking the supplements. They claimed the excess melatonin in the supplements caused them to suffer from grogginess during the day, as well as “abnormally intense dreaming and associated sleep disruption.” | While the label claims the product contains 5 mg of melatonin per dose, the plaintiffs claimed their independent lab tests revealed the Olly supplements actually contain significantly more than that dose. The lawsuit was filed last year by consumers who claimed the melatonin products they had purchased from Olly to help improve and regulate their sleep contained too much of the sleep hormone. District Judge Charles Breyer, in the Northern District of California, refused to dismiss the bulk of the class action against San Francisco-based Olly. Olly, the maker of many popular vitamin and mineral supplements, can’t escape a class action lawsuit accusing it of putting too much melatonin in its supplements, a federal judge has ruled.
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