Women file class action against women’s wellness company over alleged false claims about probiotic supplement


Attorney Raphael Janove of Janove PLLC | Janove PLLC

Two women have filed a class action lawsuit against wellness company O Positiv, Inc., alleging deceptive marketing practices related to a dietary supplement.

According to the lawsuit filed by plaintiffs Jasmine Taylor and Dawn Noguera, O Positiv is a company known for marketing women's health products. The plaintiffs allege that O Positiv falsely advertised its URO Vaginal Probiotic capsules. The product is marketed as a solution to alter vaginal odor and taste while relieving symptoms such as discharge and itching. The lawsuit claims these representations are not supported by scientific evidence. According to the complaint, normal variations in vaginal odor do not require intervention and are not conditions necessitating supplementation. Despite this, the plaintiffs allege that O Positiv’s advertising created a perceived need for the product.

Taylor and Noguera claim they were misled into purchasing the URO capsules based on these advertising claims. They assert that, had they known the product lacked clinical support, they either would not have bought it or would have paid significantly less. The complaint alleges violations of multiple consumer protection laws, including New York General Business Law §§ 349–350 and California’s Consumer Legal Remedies Act. 

The plaintiffs are seeking monetary damages exceeding $5 million and injunctive relief to prohibit further advertising of the product in its current form.

Taylor and Noguera are represented by attorneys Raphael Janove of Janove PLLC, Caleb L. Marker, and Ryan J. Ellersick of Zimmerman Reed LLP. The case was filed in the United States District Court for the Eastern District of New York under Case ID 25-cv-382382.

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