Christina Spicer  |  August 5, 2014

Category: Consumer News

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Hyland's class action lawsuitAfter nearly two years of legal wrangling, a California federal court has certified a nationwide consumer class action lawsuit alleging false labeling of Hyland’s homeopathic products.

Lead plaintiff, California resident Kim Allen, initially filed the Hyland’s homeopathic product class action lawsuit in February 2012, alleging that Standard Homeopathic Co. and its subsidiary Hyland’s Inc. misled consumers into purchasing products labeled as “homeopathic remedies” that contained very little to trace amounts of active ingredients.

The plaintiff argues in they Hyland’s class action lawsuit, “Homeopathy seeks to stimulate the body’s ability to heal itself by giving very small doses of highly diluted substances … however there is ‘little evidence’ that homeopathy is effective, much less that people understand homeopathic dilution principles.”

The plaintiff claims that Standard Homeopathic and Hyland’s have earned millions from unsuspecting customers who purchased their allegedly ineffective medicines. The plaintiff alleged that Standard Homeopathic and Hyland’s violated the California Consumer Legal Remedies Act, Unfair Competition Law, False Advertising Law, and the Magnuson-Moss Warranty Act.

On Friday, U.S. District Judge Dolly M. Gee agreed to certify a Class including all purchasers of the defendants’ homeopathic remedies from February 2008 to present.

“Homeopathic remedies are predicated in part on the ‘principle of dilutions’ under which active ingredients are thought to be more effective when they are significantly diluted,” Judge Gee noted. “Homeopathic drugs and their packaging are not reviewed by the Food and Drug Administration (‘FDA’). The FDA has stated that it is not aware of any scientific evidence that homeopathic drugs are effective.”

Judge Gee also rejected Standard Homeopathic and Hyland’s argument that the homeopathic class action lawsuit should be dismissed because the companies maintain a “comprehensive system to respond to customer complaints” that provides refunds upon request, and that the plaintiffs have not “even attempted to contact Defendants for refunds, instead opting to file lawsuits.”

The Hyland’s homeopathic products included in the class action are Calms Forte, Teething Tablets, Migraine Headache Relief, and Colic Tablets.

“Here, each class member’s claim for restitution involves a small sum of money, and the litigation costs would render individual prosecution of claims prohibitive,” the judge noted in her order. “Courts considering similar cases routinely find that the class action device is superior to other forms of adjudication.”

Judge Gee trimmed claims regarding two of the products included in the initial Hyland’s homeopathic class action lawsuit complaint, ClearAc and Poison Ivy/Oak Tablets. The judge pointed out that the plaintiff who alleged that she had purchased these two products did not indicate that she had relied on the labels or “could not recall if she even saw the labels” during her purchase.

The plaintiffs are represented by Ronald A. Marron, Maggie Realin and Skye Resendes of Law Offices of Ronald A. Marron APLC and by Gretchen M. Nelson, Stuart R. Fraenkel and Gabriel S. Barenfeld of Kreindler & Kreindler LLP.

The Hyland’s Homeopathic Product Class Action Lawsuit is Kim Allen, et al. v. Hyland’s Inc., et al., Case No. 2:12-cv-01150, in the U.S. District Court for the Central District of California.

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8 thoughts onHyland’s Homeopathic Drug Labeling Class Action Lawsuit Certified

  1. Yolanda says:

    Well as of today I will stop da tablets, but I gave em to my grandson since he was 4 months old took his last tooth appeared n never had any problems ever they were wonderful n help him so much!!! He wld even ask me for em or bring me da bottle himself when he had pain! Than have em to my granddaughter at 4 months old also she is now 18 months n noooo problems! She also brings em to me now n says”this, this”!!! I even used em my self when I had a tooth ache they r wonderful! But all this has scared me so throwing my bottle away! My poor grand baby will suffer for sure now!! Because I have tired every trick in da book n more n nothing by works! It’s simple try all tricks next time u have a toothache!! See how well they work?! I’ve had toothache pain n not even hard pain pills work!!!

  2. REALLY MAD MOM says:

    If this helps at all I would love to contribute to this!! Hylands Baby Teething tablets contain belladonna. Belladonna is a deadly nightshade!! WTF are they trying to do? Kill babies!!! SO MAD!! just recalled again in 2016. They need to just ban them from making anything!!!

  3. Ada Brabbin says:

    I use these teething tablets since my daughter was four months old. Every since then she was having seizure. All the way up until july 2014 when I stop giving them to her when she was done teething. My friend told me that these teething tablets cause bleeding in the brain and seizure. I want to find out what action do I take. Because she has had no more seizure since I stop giving here teething tablets. Please let me I know I left my email for u thank u. Im from Fresno ca

    1. Joe reber says:

      I gave these tablets to my son for the first time. it was 4 a.m. when I fed him and I gave him these tablets. I woke up at 9 a.m. to find him not unconscious and not breathing. after giving CPR until the ambulance showed up. when I made it to the hospital he was pronounced dead. he was 3 months old going on four months, he was born premature at 5 pounds 10 ounces doctors never had to put him on oxygen they were amazingly surprised at how strong he was. he shot up to 18 pounds plus, with no complications I strongly believe that these tablets had something to do with his death, if you do have any other information that can help me out please forward it to my email I would greatly appreciate it.

      1. Jennifer says:

        I believe you about your son and hylands having somethinh to do with that. Um sorry for your lose. Very sad. I only dont understand why you would give a 3 month old teething tablets when they dont usually even start teething until 5-8 months old and studies show they besides a little crying and drooling and redness for ONLY a couple days accures. Once the tooth breaks the gum its over. I have another question….did he have his shots right around the same time as the tablets?

        1. Catsmeow says:

          My daughter had two teeth when she was 3 months old. So it does happen.

      2. audlocks says:

        So sorry for your loss. I know of someone, Charlene Prescott on facebook. She just lost her little girl Paiton (only 5 mos old) after giving her 2 tabs. Contact her thru facebook. She just learned about the tabs and posted it on her page. That’s how I saw it. Just trying to help. Again, sorry for your horrific loss.

  4. Doug and Maureen Crandall says:

    I used the Hyland teething tablets with my son and he had to have 6 root canals and crowns put on his 4 front teeth because of severe tooth decay due to this product. i have 6 children and not one of them even has a cavity, He is the only one I gave this product to. i have seen many complaints on line of babies as young as 8 months old losing their front teeth because of the herbs and high sugar content put into this product(it is hidden in the lactose). The chalky dissolving pills end up on their teeth while they are sleeping
    that is what the directions say on the product I need to know how to put my situation out there to start a class action suit for this.

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