Bayer Corporation makes and markets One A Day brand vitamins. For seventy-five years, the One A Day brand has assured the public, “take one of our tablets every day and you won’t need any other supplements.” One A Day offers the pills in gummy form, with the One A Day brand prominently displayed on the front label. On the back label, small print states, “Chew two gummies daily.” In other words, in gummy form, the vitamins require a daily dosage of two pills to get the recommended daily values. Describing this packaging as misleading, William Brady and other consumers filed a suit in a California state court against Bayer, alleging breach of warranty. [Brady v. Bayer Corp., 26 Cal.App.5th 1156, 237 Cal.Rptr.3d 683 (2018)] (See Express Warranties.) 

(a) Use the IDDR approach to review the ethics of Bayer’s decision to market One A Day brand gummies with an actual two-a-day dosage.

(b) Should consumers of One A Day gummies be considered ethically responsible for their failure to “read the small print”? Discuss.