Bayer One A Day Pre-Conception Lawsuit, Did They Charge You More for a Supplement That Doesn’t Work? Chen v. Bayer Corporation, et al., No. 1:26-cv-02704

A class action lawsuit — Chen v. Bayer Corporation, et al., No. 1:26-cv-02704 — was filed on May 6, 2026, in the U.S. District Court for the Eastern District of New York, alleging that Bayer falsely advertised its One A Day Men’s Pre-Conception Health Multivitamin as able to support healthy sperm and improve men’s chances of conception. The lawsuit says Bayer charged buyers a steep premium — roughly $0.50 per pill versus $0.09 for a standard One A Day — based on claims that an independent advertising watchdog has already said the science does not support. If you purchased this product in New York, this case may directly affect you.

Bayer One A Day Pre-Conception False Advertising Lawsuit — Key Facts

Field	Detail
Lawsuit Filed	May 6, 2026
Defendant	Bayer Corporation; Bayer HealthCare LLC
Alleged Harm	False and misleading advertising — unsupported “supports healthy sperm” and fertility improvement claims
Specific Law Alleged	New York General Business Law §§ 349 and 350 (deceptive acts and false advertising)
Who Is Affected	New York residents who purchased One A Day Men’s Pre-Conception Health Multivitamin during the applicable statute of limitations period
Court & Case Number	U.S. District Court, Eastern District of New York — No. 1:26-cv-02704
Current Court Stage	Proposed class action — pre-certification
Lead Plaintiff Deadline	TBD — not yet set by the court
Settlement Status	No settlement reached. Active litigation.
Law Firms Involved	TBD — not confirmed in available public filings as of May 27, 2026
Last Updated	May 27, 2026

Who Is Bayer and Why Are They Facing a False Advertising Lawsuit?

Bayer Corporation is a U.S. subsidiary of German pharmaceutical giant Bayer AG, one of the world’s largest life sciences companies and the maker of household names like Aspirin, Claritin, and the One A Day vitamin line. Bayer describes its consumer health division as the third-largest in the world, with the One A Day brand generating steady sales across more than a dozen product varieties. The One A Day Men’s Pre-Conception Health Multivitamin sits at the premium end of that lineup — and it is precisely that premium price, paired with fertility claims the science allegedly cannot back up, that put Bayer in court.

What Did Bayer Tell Men Trying to Start a Family, and Why Does It Matter?

The lawsuit, filed under New York’s consumer protection statutes — specifically Sections 349 and 350 of the New York General Business Law, which prohibit deceptive trade practices and false advertising — centers on one central accusation: Bayer charged men more money for a supplement by telling them it would help their sperm, and that claim is not true.

According to the complaint, Bayer’s marketing for the One A Day Men’s Pre-Conception Health Multivitamin tells men they “should prep for pre-conception too” and encourages them to “do their part by supporting the health of their sperm.” The product packaging and advertising also instructs buyers to take the supplement for “at least” three months before trying to conceive — a recommendation the lawsuit says misleads men into believing the product will meaningfully improve their fertility if they stick with it long enough.

The complaint leans heavily on a March 31, 2026, ruling by the Better Business Bureau’s National Advertising Division (NAD), an independent advertising watchdog. OLLY PBC — a competing supplement brand — brought a challenge against Bayer’s sperm-health claims. After reviewing the evidence, NAD concluded that ingredient testing did not support those claims and recommended that Bayer discontinue or modify them. Bayer stated it would comply. For this lawsuit’s purposes, the plaintiff argues that Bayer was already on notice that its claims were unsupported — and kept selling the product at a premium anyway. Law360 reported on May 7, 2026, that Bayer had been hit with the proposed class action in New York federal court following the NAD ruling.

The complaint also highlights the financial stakes clearly. Falling fertility rates in the United States have driven real consumer demand for products that can help. Buyers were willing to pay more. The One A Day Pre-Conception product reportedly costs around $0.50 per pill — more than five times the roughly $0.09 per pill cost of Bayer’s standard One A Day Men’s Multivitamin. The plaintiff argues that gap in price was only justifiable because of fertility claims that do not hold up, and that understanding of how false advertising class actions work under consumer protection statutes matters here. Buyers who paid that premium for a product no better than the basic version were, the suit argues, economically harmed.

If you were a man in New York who purchased One A Day Men’s Pre-Conception Health Multivitamin during the applicable statute of limitations period, this case may directly affect you.

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Are You Part of the Bayer One A Day Pre-Conception False Advertising Class Action?

Here is exactly how to know if this lawsuit includes you. The proposed class covers all individuals in New York who purchased the One A Day Men’s Pre-Conception Health Multivitamin during the applicable statute of limitations period.

You may be included if:

• You purchased the One A Day Men’s Pre-Conception Health Multivitamin at any point during the applicable statute of limitations window in New York
• You bought the product in New York, whether in a physical store or online, for personal or household use
• You paid a higher price based on claims that the supplement would support healthy sperm or improve your chances of conception
• You would have paid less — or not bought the product at all — had you known the fertility claims were not supported by ingredient testing

You likely do NOT qualify if:

• You purchased a different One A Day product, such as the standard Men’s Health or Men’s 50+ Advantage multivitamin
• You did not purchase the product in New York
• You bought the supplement knowing about the NAD ruling and paid full price anyway

Bayer One A Day Buyers Outside New York — Are You Still Covered?

As currently filed, the proposed class in Chen v. Bayer Corporation is limited to New York purchasers under New York’s General Business Law. This is a federal court case, but the state law claims mean coverage is currently limited to New York buyers. If you purchased the product in another state, you are not currently part of this proposed class — though the scope of the case could expand as litigation develops, and similar lawsuits could be filed in other states. Check back here for updates.

If you are unsure whether you qualify for the Bayer One A Day pre-conception false advertising lawsuit, a free consultation with a consumer fraud attorney or class action lawsuit attorney can help you assess your options before any deadline is set by the court.

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What Are Bayer One A Day Purchasers Asking the Court to Award in the 2026 False Advertising Lawsuit?

The complaint seeks economic damages for New York buyers who paid a premium price for a product whose core selling claim — that it supports healthy sperm — was not backed by science. The plaintiffs are pursuing relief under New York General Business Law Sections 349 and 350, which allow consumers to recover actual damages or statutory damages, as well as attorneys’ fees and injunctive relief to stop Bayer from continuing to make the challenged claims.

What Could Bayer One A Day Purchasers Receive If the 2026 False Advertising Case Settles?

No money is available yet. No claim form exists. This lawsuit was filed in May 2026 and has not reached a settlement. What consumers could ultimately recover — if the case settles or results in a judgment — would depend on how many class members file, what evidence the parties present, and what the court or the parties negotiate. Under New York GBL Section 349, individual consumers may be entitled to actual damages or $50, whichever is greater, plus potential treble damages up to $1,000 if intentional conduct is found. Those are the statutory parameters — not a guarantee of any specific payout. If you want to understand what your individual situation might be worth, a class action lawsuit attorney can give you a realistic assessment.

What Should New York One A Day Pre-Conception Buyers Do Right Now?

1. You likely do not need to do anything immediately to stay in the class. In most class actions, members are automatically included unless they actively opt out. No immediate filing is required at this early stage.
   
2. Save your purchase records. Hold onto any receipts, bank or credit card statements, Amazon order confirmations, or store loyalty program records showing that you bought the One A Day Men’s Pre-Conception Health Multivitamin. The stronger your documentation, the better your position if a claim process opens later.
   
3. Note your purchase dates and how much you paid. The price premium is central to this lawsuit. If you remember approximately when you bought the product and how much you paid per bottle, write that down while it is fresh.
   
4. Monitor the docket. This case is in the U.S. District Court for the Eastern District of New York, No. 1:26-cv-02704. You can check for updates directly through PACER at pacer.gov.
   
5. Consider the lead plaintiff role. If you purchased multiple bottles, paid a significant amount in total, and are willing to be named publicly in the case, you may be eligible to seek the lead plaintiff position. The lead plaintiff deadline has not been set yet — check back here for updates as the court issues scheduling orders.
   
6. Think carefully about whether to pursue an individual claim. For large individual purchases, an independent claim against Bayer may be worth exploring. A consumer protection attorney can help you weigh that option against participating in the class.

Bayer One A Day Pre-Conception False Advertising Lawsuit Timeline

Milestone	Date
NAD challenge by OLLY PBC against Bayer sperm-health claims	March 31, 2026
Bayer states it will comply with NAD recommendations	March 31, 2026
Class action complaint filed — Chen v. Bayer Corporation, No. 1:26-cv-02704	May 6, 2026
Law360 reports on lawsuit filing	May 7, 2026
Lead plaintiff deadline	TBD — not yet set by court
Next scheduled hearing	TBD — not yet set by court
Expected resolution	TBD — case in early litigation stage

Bayer One A Day Sperm Health Lawsuit — Frequently Asked Questions, No. 1:26-cv-02704

1. Is there a class action lawsuit against Bayer for false advertising of the One A Day Men’s Pre-Conception vitamin right now?

 Yes. Chen v. Bayer Corporation, et al., No. 1:26-cv-02704, was filed on May 6, 2026, in the U.S. District Court for the Eastern District of New York. The lawsuit alleges Bayer violated New York General Business Law Sections 349 and 350 by marketing the supplement with unsupported sperm-health and fertility claims.

2. Do I need to do anything right now to be included in the Bayer One A Day pre-conception class action?

 Most likely not. Class members in proposed class actions are typically included automatically. There is no claim form, opt-in deadline, or filing requirement at this stage. The most useful thing you can do right now is save your purchase records and monitor the case docket at pacer.gov.

3. When will the Bayer One A Day false advertising case settle?

 There is no way to predict that at this point. The case was filed in May 2026 and is in the earliest stage of litigation. Class certification, discovery, and any settlement negotiations all come later. Cases like this can take anywhere from one to several years to resolve.

4. Can I file my own lawsuit against Bayer for the One A Day pre-conception supplement instead of joining the class?

 Yes, you can — but it is rarely practical for individual consumers given the cost of litigation relative to the potential individual recovery. It makes more sense to pursue an individual claim only if your total purchases were large enough to make a standalone case financially worthwhile. A consumer protection attorney can help you make that call.

5. How will I find out if the Bayer One A Day lawsuit settles? 

If a settlement is reached, the court will require Bayer to notify class members — typically by mail, email, or publication in major media. You can also track developments directly on the PACER docket for No. 1:26-cv-02704, or bookmark this page for ongoing updates.

6. What does “lead plaintiff” mean, and why does the deadline matter in the Bayer case?

 The lead plaintiff is the named representative who speaks for the entire class. That person works closely with the attorneys, has their name on public court filings, and plays a more active role in the litigation. In securities cases there is typically a strict 60-day deadline to apply, but in consumer false advertising cases like this one the court sets its own schedule. The lead plaintiff deadline for this case has not yet been announced. Watch the docket for a scheduling order.

7. What specific laws does Bayer allegedly violate in the One A Day pre-conception lawsuit? 

The complaint alleges violations of New York General Business Law Section 349, which prohibits deceptive acts and practices in the conduct of business, and Section 350, which specifically prohibits false advertising. These are among New York’s primary consumer protection statutes and allow private citizens to sue companies directly for deceptive marketing practices.

8. How much could New York One A Day buyers receive from a future Bayer false advertising settlement?

 No money is available yet and no settlement exists. If the case does resolve in favor of class members, individual recoveries in false advertising consumer cases are often modest — sometimes a partial refund of the price premium paid, or statutory damages under New York GBL Section 349 of actual damages or $50, whichever is greater. Recoveries depend entirely on the number of class members, the strength of evidence, and what is negotiated. A class action lawsuit attorney can help you understand what your situation specifically might look like.

Sources Used in This Bayer One A Day False Advertising Article

• Chen v. Bayer Corporation, et al. — Case No. 1:26-cv-02704, complaint filed May 6, 2026, U.S. District Court for the Eastern District of New York: available via PACER at pacer.gov
• NAD Decision — “National Advertising Division Recommends Bayer Modify or Discontinue Certain One A Day Men’s Pre-Conception Health Complete Multivitamin Claims,” March 31, 2026: https://www.globenewswire.com/news-release/2026/03/31/3265810/0/en/National-Advertising-Division-Recommends-Bayer-Modify-or-Discontinue-Certain-One-A-Day-Men-s-Pre-Conception-Health-Complete-Multivitamin-Claims.html

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against the case complaint (No. 1:26-cv-02704), the NAD decision dated March 31, 2026, and Law360 reporting dated May 7, 2026. Last Updated: May 27, 2026.

This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances differ. For advice about your specific situation, consult a qualified attorney.