The class action lawsuit alleges that Bayer Corporation misleadingly markets its One A Day Men’s Pre-Conception Health Multivitamins by claiming the supplement supports healthy sperm and improves fertility. The lawsuit contends that these claims lack scientific backing and exploit the vulnerabilities of families trying to conceive. If you purchased this specialized multivitamin believing it would improve your chances of conception, you may be eligible to help hold the multinational pharmaceutical company accountable.
The 14-page complaint, Chen v. Bayer Corporation, et al., was filed on May 6, 2026, in a New York federal court. It argues that everyday people are paying an inflated premium for a product that does not deliver on its primary environmental and biological promises. According to the filing, an independent advertising watchdog recently evaluated the evidence behind Bayer’s marketing claims and concluded that the ingredient testing simply does not support the idea that the product improves sperm health, viability, or conception outcomes.
Advertising Watchdog Finds Sperm Health Marketing Unsound
The legal dispute draws heavily from a recent investigation by the Better Business Bureau’s National Advertising Division (NAD). The NAD, which acts as an independent review board for the advertising industry, looked into the One A Day Men’s pre-conception supplement after a competitor challenged Bayer’s marketing claims. Specifically, the challenge focused on representations that the product “supports healthy sperm and contains ‘powerful’ antioxidants, including lycopene.”
After reviewing the clinical data, the watchdog group found that the evidence did not support the challenged claims. The NAD recommended that Bayer discontinue or modify the marketing messages to avoid giving consumers the false impression that the pre-conception supplement would boost their chances of getting pregnant or improve sperm viability. According to the lawsuit, Bayer stated that “it will comply with NAD’s recommendations,” which the plaintiffs argue is an implicit admission that the original marketing claims were unsupported.
Capitalizing on Rising U.S. Infertility Concerns
The lawsuit points out that falling fertility rates across the United States have created a booming, highly profitable market for reproductive health supplements. Many everyday people are deeply invested in their path to parenthood and are highly vulnerable to marketing promises that offer a scientific edge. The complaint alleges that Bayer sought to capitalize on these deeply personal anxieties by positioning its product as an essential step for men looking to start a family.
Bayer’s marketing materials emphasize that men “should prep for pre-conception too,” urging future fathers to “do their part by supporting the health of their sperm.” The packaging even directs consumers to take the product for “at least” three months before trying to conceive to get the full supposed benefits. The lawsuit argues that these statements create an artificial sense of necessity for a product whose benefits have not been scientifically established.
You May Be Eligible if You Bought the Pre-Conception Vitamin in New York
The Bayer class action lawsuit is currently focused on protecting consumers who purchased the product within the state of New York. You don’t stand alone if you fell victim to this alleged greenwashing and false health marketing; thousands of other future parents likely made the same financial sacrifice.
You may be eligible to join the legal effort if:
You purchased One A Day Men’s Pre-Conception Health Multivitamins in the state of New York.
Your purchase was made within the applicable legal statute of limitations period.
You paid the premium retail price based on the “supports healthy sperm” representations on the packaging.
While the current case is tailored to New York buyers, lawsuits against major brands often set a precedent that can lead to nationwide settlements or mandatory changes to product labels across the entire country.
How to Protect Your Rights and Take Action Next
If you have a bottle of these pre-conception vitamins in your medicine cabinet, or if you bought them recently while preparing to expand your family, there are a few practical steps you can take. At ClassActionU.org, we want to ensure you have the tools to demand corporate accountability without any financial stress.
Locate Your Purchase History: Check your digital store receipts, pharmacy loyalty rewards accounts, or online credit card statements to find proof of your purchase and the price you paid.
Preserve the Packaging: If you still have the box or bottle, keep it safe. The physical label with the “supports healthy sperm” text serves as vital evidence in consumer fraud cases.
Follow the Litigation Progress: Class action lawsuits are a marathon, not a sprint. It can take months for a judge to decide whether the case can officially move forward toward a trial or a settlement.
No Obligation to Reach Out: You can contact an experienced consumer protection attorney to learn more about how this lawsuit impacts your individual rights. There is absolutely no cost or obligation to reach out for a consultation.
Bayer has not admitted to breaking any consumer laws in court, but the legal team representing the plaintiffs is dedicated to ensuring everyday people get their hard-earned money back. By staying informed and standing together, consumers can send a clear message to the supplement industry: health claims must be built on real science, not corporate marketing strategies.