Published
June 30, 2026
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Bayer has not been found liable, there is no certified class, and there is nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A proposed class action filed in the U.S. District Court for the Eastern District of New York alleges that Bayer falsely advertises its One A Day Men's Pre-Conception Health Multivitamin as a product that "supports healthy sperm." The complaint, Chen v. Bayer Corporation, was filed on May 6, 2026 against Bayer Corporation and Bayer Healthcare LLC.According to the complaint, the "supports healthy sperm" statement appears on the front of the bottle and packaging and, in the product's fertility-focused context, reasonably conveys that the multivitamin improves a man's chances of conception and improves sperm health and viability. The named plaintiff alleges he bought a bottle on Amazon in June 2024 for about $15 and paid a price premium he would not have paid had he known the claim was, as he alleges, unsupported. Bayer has not responded to the complaint in court, and the allegations remain unproven.
Status
Complaint Filed (May 6, 2026)
Who's Covered (Proposed)
New York Purchasers
People who bought One A Day Men's Pre-Conception Health Multivitamin in New York
Can I Claim?
No — nothing to claim yet
No settlement, no certified class, no claim form
The "Supports Healthy Sperm" Claim
The complaint focuses on a single front-label message: that the product "supports healthy sperm." It alleges Bayer reinforced that message in its marketing — for example, by telling men to take the product "for at least three months before conceiving and while trying to conceive" and describing it as "specially formulated" with antioxidants to support healthy sperm.The complaint also alleges that Bayer charges a price premium for the pre-conception product compared with its standard men's multivitamin, pointing to a per-pill price difference on Bayer's Amazon storefront. The plaintiff alleges that consumers paid more because of the sperm-health messaging, and that this was the basis of his economic injury.
The National Advertising Division Ruling
The lawsuit leans heavily on a decision by the National Advertising Division (NAD) of BBB National Programs, a self-regulatory advertising review body. After a competitor challenged the product's claims, NAD issued a March 31, 2026 decision finding that the ingredient testing in the record did not support the challenged claims, and recommended that Bayer discontinue or modify language conveying that the multivitamin will improve chances of conception or improve sperm health and viability.An NAD recommendation is not a court ruling and does not establish legal liability. The complaint cites it as support for the plaintiff's allegation that the "supports healthy sperm" message is unsubstantiated.
What the Lawsuit Seeks
The complaint brings two claims under New York consumer-protection law — General Business Law § 349 (deceptive acts and practices) and § 350 (false advertising). It asks the court to certify a class of New York purchasers and seeks actual damages, statutory damages (up to $50 per violation under § 349 and up to $500 per violation under § 350, or actual damages if greater), treble damages, and attorneys' fees and costs. The plaintiff is represented by the firm Bursor & Fisher, P.A. and demands a jury trial.What Happens Next?
At this early stage, the case has only been filed. Before anyone could receive money, the court would need to decide whether the case can proceed as a class action, and the parties would litigate or potentially negotiate a resolution — a process that can take months or years and may end without any payment. There is no claim form and nothing to file right now. If a settlement or class certification is reached, we will update this page.Free settlement alerts
Get notified when new class actions open to claims
Join thousands of readers who get the latest class action settlements you may qualify for — delivered straight to your inbox.
Official Class Action Complaint
Sources
- Class Action Complaint, Chen v. Bayer Corporation, U.S. District Court, Eastern District of New York (filed May 6, 2026)
- National Advertising Division decision on Bayer Healthcare — BBB National Programs (NAD), March 31, 2026
For more class actions keep scrolling below.
Status
Complaint Filed — Allegations Unproven
Case Title
Chen v. Bayer Corporation, et al.
Court
U.S. District Court, Eastern District of New York
Date Filed
May 6, 2026
Claims
New York GBL §§ 349 & 350 (deceptive acts; false advertising)
