New York buyers of Vive Organic “Immunity Boost” wellness shots may be covered by a proposed class action alleging Vive Organic, Inc. falsely labels the shots as immune-boosting and “Doctor Crafted.” No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Vive Organic, Inc. has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A Manhattan consumer filed Briceno v. Vive Organic, Inc., No. 1:26-cv-08431, on September 25, 2026, in the U.S. District Court for the Southern District of New York. The suit targets Vive Organic’s two-ounce “Immunity Boost” wellness shots, which are sold in grocery, big-box and convenience stores and online. The defendant is Vive Organic, Inc., a California company based in Sacramento.The complaint makes two main allegations. First, it says the “Immunity Boost” name on every bottle promises something no food or supplement can do, because the idea of boosting a healthy immune system has no scientific meaning outside of vaccines. Second, it says the “Doctor Crafted” label, the heart-shaped stethoscope logo and the three doctors pictured on the packaging suggest medical experts designed the shots on the strength of scientific evidence, when the plaintiff alleges they were not. Vive Organic has not yet responded in court.
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Who Could Be Covered?
The proposed class is limited to consumers who bought the shots in New York for personal or household use, not for resale, within the limitations period for each claim. The complaint excludes resellers, the company and its affiliates, the judge’s family, and anyone claiming a bodily injury from the shots.Buyers in other states are not part of this case as filed. The class definition is only a proposal; the court has not certified anything.
What the Complaint Claims
According to the complaint, “Immunity Boost” is the product name printed on every bottle and box, and each bottle also carries “Doctor Crafted” beside a stethoscope shaped like a heart. The cartons add lines such as “Doctor Crafted For Immunity” along with photos of three doctors in white coats.On the immunity claim, the plaintiff cites public health materials from medical schools, hospitals and the National Institutes of Health to argue that no single food or supplement has been shown to strengthen immunity in healthy people, and that immunologists see a “stronger” immune response as undesirable. The complaint also says Vive’s website describes its products as “research backed” and “clinically supported” without identifying any study.
On the doctor claim, the complaint alleges that one of the three people pictured is not a licensed physician and that the other two practice family medicine, not immunology. It also says the company has since dropped two of the three from the origin story on its website, though their names and photos remain on the packaging. The plaintiff argues that even if the three did help create the shots, the overall impression is that the formula rests on clinical evidence, which the complaint says it does not.
The suit brings two counts, under New York General Business Law § 349 (deceptive practices) and § 350 (false advertising).
What the Plaintiff Wants
The complaint asks the court to certify the New York class and seeks actual, compensatory, statutory and punitive damages, plus attorneys’ fees and interest. For statutory damages it asks for $50 per unit bought under § 349 and $500 per unit bought under § 350. Those are the plaintiff’s demands, not amounts any court has awarded, and statutory-damage requests in consumer class actions are often contested or reduced.The plaintiff is represented by Reese LLP and Laukaitis Law LLC.
What Happens Next?
Vive Organic must be served and will then have a set time to answer or move to dismiss. Labeling suits over wellness claims are often fought at the dismissal stage on whether a reasonable consumer would actually be misled, so that ruling is the first milestone to watch. There is nothing for consumers to file, and any payment would come only through a settlement or judgment. We will update this page as the case moves.Questions
I bought Vive Organic shots outside New York. Am I covered?
Not under the class as proposed. The complaint asks to represent only people who bought the shots in New York for personal or household use. The class could change as the case goes on, and nothing has been certified.
Which Vive Organic products does the lawsuit cover?
The complaint targets every Vive Organic shot labeled “Immunity Boost” and “Doctor Crafted,” including the Ginger & Turmeric, Vitamin C, Elderberry and Cayenne varieties. The plaintiff says the list may grow once discovery shows every variety carrying those labels.
Does the lawsuit say Vive Organic shots are unsafe?
No. It is an economic claim over labeling, not a safety claim. The proposed class expressly excludes anyone claiming a bodily injury from the shots, and there is no recall.
Should I keep my receipts?
It can’t hurt. There is nothing to file now, and if the case ever settles the claim rules would be set then. Store receipts, loyalty-card histories or online order records showing New York purchases are the kind of records that could help.
Class Action Complaint
Sources
- Class action complaint, Briceno v. Vive Organic, Inc., No. 1:26-cv-08431 (S.D.N.Y. filed Sept. 25, 2026), ECF No. 1 (embedded above)
- CourtListener docket — Briceno v. Vive Organic, Inc.
- NIH Office of Dietary Supplements — Dietary Supplements for Immune Function and Infectious Diseases
- FTC — Health Products Compliance Guidance
