Overview
- Product
- Mommy's Bliss Kids Sleep gummies, liquid and chewables
- Disputed claims
- "Child-safe melatonin," ages 3+
- Class period
- January 1, 2019 to present
- Court
- S.D. Cal., Judge James E. Simmons Jr.
Two parents have sued Mom Enterprises, LLC, the company behind the Mommy's Bliss brand, over its Kids Sleep melatonin supplements. They claim the products are marketed as safe for children ages 3 and up when, they say, melatonin is not safe for young children. The case is Martinez v. Mom Enterprises, LLC, No. 3:26-cv-05834, filed October 12, 2026, in the U.S. District Court for the Southern District of California in San Diego.
The complaint covers the gummy, liquid and chewable tablet forms of Kids Sleep. It proposes a nationwide class of buyers since January 1, 2019, plus California, Wisconsin and Illinois subclasses. No court has ruled, no class has been certified and there is no settlement or claim form.
Who the parties are
Mom Enterprises, LLC sells Mommy's Bliss products, including Gripe Water and Kids Sleep. The complaint describes it as a Delaware company based in Richmond, California. The brand's FAQ page says it is privately held and based in Richmond.
The plaintiffs are Mayra Martinez of California and Alicia Hinestrosa of Wisconsin. According to the complaint, Martinez bought Kids Sleep about once a month at Walmart stores near Pomona, California, from April 2025 to early 2026. Hinestrosa bought it up to once a month at Walmart stores in Racine, Wisconsin, and Antioch, Illinois, from about 2022 to early 2026. Both say their children took it as directed.
They are represented by The Weston Firm and Gregory S. Weston of San Diego. The case is assigned to U.S. District Judge James E. Simmons Jr., with U.S. Magistrate Judge Daniel E. Butcher.
What happened
The complaint quotes Kids Sleep marketing from its packaging, the brand's website and its Amazon page. The quoted claims include "child-safe melatonin," "melatonin is a safe supplement for children," "designed for kids 3 years and above" and "good for the whole family, ages 3+."
The current product page for Kids Sleep Support Gummies lists 1 mg of melatonin per gummy. It recommends one gummy for ages 3 to 5, two for ages 6 to 12 and three for ages 13 and up. It also says "For short-term use only" and "Consult pediatrician before use."
The complaint says the plaintiffs sent a certified-mail notice under California's Consumers Legal Remedies Act more than 30 days before suing. It says the company did not respond or change its conduct.
What each side says
The plaintiffs make three main arguments.
Safety. The complaint cites research reporting a 530% rise in poison control calls for children's melatonin ingestions from 2012 to 2021. That rise was linked to 27,795 emergency or clinic visits, 4,097 hospitalizations, 287 intensive care admissions and 2 deaths. It cites a 2023 JAMA study that found melatonin gummies contained 74% to 347% of the labeled amount, with 22 of 25 products mislabeled. It also cites a November 2025 American Heart Association report linking long-term melatonin use in adults with insomnia to higher heart failure risk. The complaint does not say Kids Sleep itself was tested.
Drug claims. The complaint argues that sleep claims such as helping kids "fall asleep naturally" make Kids Sleep an unapproved new drug under federal law and California Health and Safety Code section 111550.
Label placement. It says the required FDA disclaimer appears only on back panels, not on the front panel where the claims appear, in violation of 21 C.F.R. section 101.93(d).
The company has not stated a position in court. Class Action Pulse found no public statement from Mom Enterprises or Mommy's Bliss about the lawsuit as of October 21, 2026.
What the court has and has not decided
The docket shows three entries from October 13 and 14, 2026, which appear to be routine opening filings. The court has not decided whether the marketing is misleading, whether Kids Sleep is an unapproved drug, whether melatonin is unsafe for children or whether any class should be certified.
Who may qualify
- Product: You bought Mommy's Bliss Kids Sleep melatonin in gummy, liquid or chewable tablet form.
- Use: The purchase was for personal or household use, not for resale.
- When: January 1, 2019 to the present.
- Where: Any U.S. citizen or resident who bought it in the United States, with separate subclasses for California, Wisconsin and Illinois purchases.
- Not certified: The company's officers, directors and employees, and the court and its staff and families are excluded, and the court has not approved any group.
The proposed nationwide class is all U.S. citizens and residents who bought Kids Sleep in the United States "for their own personal or household use, and not for resale, from January 1, 2019 to the present." The California, Wisconsin and Illinois subclasses use the same terms for purchases made in those states.
The company's officers, directors and employees, and the court, its officers and their families are excluded. The plaintiffs can ask to change the definitions.
What affected readers can do now
- Keep store or online order history for Kids Sleep, and the package if you still have it.
- If your child has symptoms after taking melatonin, call Poison Control at 1-800-222-1222 or your pediatrician.
- Store supplements, including gummies, out of children's reach.
- Contact The Weston Firm or your own lawyer with questions about the case.
What you could receive
Keep purchase records
Save Walmart, Amazon or other order history and the package if you still have it.
Restitution and damages
The complaint seeks $10 million or more for the class and says some members' relief may be as little as $10. These are requests, not awards.
Corrective advertising
The complaint asks the court to stop the challenged marketing and order a corrective advertising campaign.
No money is available now. The complaint asks for $1,000 for each named plaintiff and $10 million or more for the class in restitution and damages, plus $15,000 incentive awards for the plaintiffs. It seeks disgorgement, a corrective advertising campaign, an injunction and $500,000 or more in attorney fees. It says relief for some class members may be "as little as $10." These are requests, not awards. The plaintiffs did not request a jury trial.
Important dates and rights
- January 1, 2019: The proposed class period begins.
- 2022: Hinestrosa's purchases begin, according to the complaint.
- April 2025: Martinez's purchases begin.
- October 12, 2026: The complaint is filed.
- October 13 and 14, 2026: Opening docket entries.
No opt-out, objection or claim deadlines exist. If a class is certified or a settlement is reached, a notice would explain members' rights.
Definitions
- Melatonin: A hormone the body makes to regulate sleep, also sold as a supplement.
- Unapproved new drug: A product making drug-type claims without FDA approval, which federal law bars from sale.
- Structure or function claim: A supplement statement about how a product affects the body. It must carry an FDA disclaimer.
- UCL and CLRA: California's Unfair Competition Law and Consumers Legal Remedies Act, two consumer protection laws.
- Implied warranty of merchantability: A legal promise that a product is fit for its ordinary use.
- Subclass: A smaller group within a class, here one each for California, Wisconsin and Illinois.
What happens next
Mom Enterprises must answer or move to dismiss. Early questions may include whether sleep support claims are drug claims or permitted supplement claims, and whether a California court can hear the Wisconsin and Illinois claims. The complaint brings eight counts: three under the UCL, one under the CLRA and one for implied warranty for Martinez and California buyers, plus claims under Wisconsin's deceptive advertising law and Illinois's Consumer Fraud and Deceptive Business Practices Act and Uniform Deceptive Trade Practices Act for Hinestrosa.
Sources and evidence boundaries
This article relies on the complaint, the court docket, the Kids Sleep product page and the Mommy's Bliss FAQ.
The safety, drug and labeling claims are allegations. The research figures are as quoted in the complaint and cover melatonin generally, not Kids Sleep specifically. An April 2025 FDA warning letter to the company concerned complaint handling and adverse event reporting for Gripe Water and cough syrup products. It did not address Kids Sleep, and the complaint does not cite it. Sales figures and class size beyond "thousands" are unknown.
Class Action Pulse is not a law firm or settlement administrator and does not guarantee eligibility or payment. This article is general information, not legal advice.
Frequently asked questions
Has Kids Sleep been recalled?
Class Action Pulse found no recall. The lawsuit challenges the marketing and labeling, and its claims are unproven.
Did the lawsuit test Kids Sleep?
The complaint cites studies of melatonin products generally. It does not say Kids Sleep itself was tested.
Is this about the FDA warning letter?
No. An April 2025 FDA letter concerned Gripe Water and cough syrup products, and the complaint does not cite it.
What does Mommy's Bliss say?
Class Action Pulse found no public statement, and no response was on the docket as of October 21, 2026.
