A recently filed lawsuit challenges the advertising practices surrounding a popular men’s health supplement, alleging that consumers were misled into believing the product would improve their reproductive health. The complaint was brought by Jie Chen, individually and on behalf of others similarly situated, against Bayer Corporation and Bayer Healthcare LLC in the United States District Court for the Eastern District of New York on May 6, 2026.
According to court documents, Chen claims that Bayer’s One A Day Men’s Pre-Conception Health Multivitamin (referred to as the OAD Product) was falsely advertised as supporting healthy sperm. The filing states that this claim, which appears prominently on the product packaging and marketing materials, conveys to consumers that using the supplement will improve men’s chances of conception as well as sperm health and viability. The complaint references a recent finding by the National Advertising Division (NAD), which determined that these messages are not supported by evidence regarding the ingredients in the OAD Product.
The complaint outlines how Bayer has marketed its OAD Product with statements such as “support[s] healthy sperm” and encourages men to take it for at least three months before trying to conceive. Marketing materials cited in the filing include instructions from Bayer advising potential customers that “Men can benefit by taking One A Day Men’s Pre-Conception Health Multivitamin for at least three months before conceiving and while trying to conceive.” The suit alleges that these representations were repeated across various platforms including packaging, online FAQs, and advertisements.
Chen purchased a bottle of the OAD Product from Amazon in June 2024 for $15 after being exposed to these claims. He asserts that he would not have bought the product or would have paid less if he had known these statements were untrue. The complaint further alleges that all purchasers paid a price premium due to Bayer’s misleading representations.
The legal basis for Chen’s claims includes alleged violations of New York General Business Law sections 349 and 350, which prohibit deceptive business practices and false advertising respectively. The suit describes how Bayer charged more per pill for its pre-conception multivitamin compared to standard variants due to these fertility-related claims. It also notes that a competitor challenged Bayer’s marketing before the Better Business Bureau’s National Advertising Division, resulting in a recommendation that certain claims be discontinued or modified because they were unsupported by ingredient testing.
The class action seeks relief on behalf of all persons who purchased One A Day Men’s Pre-Conception Health Multivitamin in New York during the relevant period. Excluded from this group are employees of Bayer, those who bought supplements for resale, judicial officers presiding over this matter, their immediate families, and judicial staff. The complaint argues that individual litigation would be impractical given the number of affected consumers and contends that common questions—such as whether the product supports healthy sperm or misleads reasonable consumers—predominate over individual issues.
Plaintiffs request compensatory and statutory damages—including actual damages or statutory minimums per violation (fifty dollars under section 349; five hundred dollars under section 350), treble damages where applicable, attorney fees, costs, pre-judgment interest, declaratory relief stating defendants’ conduct violates state law, class certification under Federal Rule 23 with named counsel appointed as class representatives, and any other relief deemed appropriate by the court.
Attorneys representing Jie Chen include Max S. Roberts and Caroline C. Donovan from Bursor & Fisher P.A., based in New York City; L. Timothy Fisher and Joshua B. Glatt from Bursor & Fisher P.A., Walnut Creek, California; case number is 1:26-cv-02704.
Source: 126cv02704_Chen_v_Bayer_Corporation_Complaint_Eastern_District_New_York.pdf