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Dovel & Luner Files Lawsuit against Olly over Deceptive Advertising of Melatonin Supplements

Press Release

SANTA MONICA – Dovel & Luner, a litigation boutique law firm, on Friday filed a federal class action lawsuit against Olly Public Benefit Corporation on behalf of consumers nationwide who purchased Olly melatonin supplements.  The lawsuit alleges that Olly misled millions of consumers by inaccurately dosing and labeling its over-the-counter melatonin supplements.

The Complaint, filed in the United States District Court for the Northern District of California, alleges that Olly violated the consumer protection laws of numerous states, including California Unfair Competition Law and California False Advertising Law.  

Olly’s supplement labels claim that its melatonin products, like Olly Sleep and Olly Extra Strength, contain specific amounts of melatonin per serving, e.g., 3 mg or 5 mg.   According to the lawsuit, lab testing revealed that the melatonin products “were substantially (and seemingly randomly) overdosed” and that “the true amount of melatonin was 165% to 274% of the amount claimed”.

The complaint states: “Olly’s labeling is false and misleading to consumers in multiple respects.  The dosage of Olly Melatonin is not well-controlled and consistent with the dosages for which Olly designed the recommended servings.  Olly Melatonin does not have the amount of melatonin claimed on the label.  And Olly does not even mention that the actual dosage may vary.”

“No reasonable consumer expects that a melatonin supplement has a random and substantial overdose of melatonin, compared to what it is supposed to have,” the complaint asserts.

“Consumers need to be able to rely on the labels for melatonin supplements,” said Jonas Jacobson of Dovel & Luner.  “Plaintiffs brought this case to protect the millions of U.S. consumers that buy Olly melatonin.”  


Jenny Elliott   


SOURCE Dovel & Luner, LLP

Related Publication(s):

Bloomberg Law


Law Street Media


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