CASE NAME: Rodriguez v. Olly Public Benefit Corporation
CASE NO.: 3:26-cv-02034-RBM-SBC
JURISDICTION: United States District Court for the Southern District of California
FILED ON: March 31, 2026
CLASS DEFINITION: All California citizens who purchased Olly Metabolism Gummy Rings within four years prior to the filing of the complaint for personal use and did not suffer personal injury.

SUMMARY:
According to the complaint, Olly Public Benefit Corporation is accused of misleading consumers by marketing its “Metabolism Gummy Rings” as apple cider vinegar (ACV) supplements that support metabolism and provide health benefits associated with ACV and the “mother.” The lawsuit alleges that the gummies contain only a negligible amount of acetic acid—the active ingredient in ACV—and that the manufacturing process eliminates any beneficial components of the “mother.” As a result, the product allegedly fails to deliver the advertised benefits while being primarily composed of sugar, misleading consumers into paying a premium price.

ALLEGATIONS:
The lawsuit alleges that Olly prominently markets its Metabolism Gummy Rings with claims such as “Supports Metabolism & Lean Body Mass,” “Apple Cider Vinegar,” and “Made with ACV with the Mother.” According to the complaint, these representations lead reasonable consumers to believe the product delivers the recognized health benefits of apple cider vinegar, including metabolic support and digestive health.

However, the complaint asserts that independent laboratory testing commissioned by plaintiff’s counsel found the gummies contain only 7.80 mg of acetic acid per gummy, equating to approximately 2.6% acetic acid concentration. The lawsuit alleges this is significantly below the 4% threshold required for a product to be considered apple cider vinegar under applicable guidelines. As a result, the complaint claims the product cannot legitimately be marketed as an ACV supplement and does not provide the associated health benefits.

Additionally, the lawsuit alleges that a typical tablespoon of apple cider vinegar contains approximately 750 mg of acetic acid, meaning the product delivers only about 1% of the amount associated with potential health effects. According to the complaint, this minimal concentration renders the product ineffective for its advertised purposes.

The complaint further alleges that the manufacturing process for gummy supplements—specifically involving heating, cooling, and dehydration—destroys the beneficial enzymes and bacteria found in the “mother” of apple cider vinegar. The “mother” is described as a bioactive compound containing probiotics and enzymes that are often associated with health benefits. According to the lawsuit, these components cannot survive the production process, making claims about “ACV with the mother” misleading.

In addition to the alleged lack of beneficial ingredients, the complaint claims the gummies are composed of approximately 50% sugar. The lawsuit asserts that this high sugar content contradicts the product’s advertised benefits, as sugar consumption is associated with weight gain and metabolic issues—the opposite of the claimed effects.

The plaintiff alleges that consumers, including himself, relied on the product’s labeling and marketing when making purchasing decisions. He claims he paid between $15 and $20 per bottle believing the product would provide the benefits of apple cider vinegar. According to the complaint, consumers would not have purchased the product or would have paid less had they known the true composition.

The lawsuit brings claims under California consumer protection laws, including unfair and unlawful business practices, deceptive advertising, and violations of the Consumer Legal Remedies Act. It also alleges breach of express warranty and unjust enrichment. The plaintiff seeks damages, restitution, injunctive relief, and other remedies on behalf of the proposed class.