Anne Bucher  |  April 14, 2014

Category: Closed Class Actions

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This settlement is closed!

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sinus buster class action settlement

Hi-Tech Pharmacal Co. Inc. has agreed to settle a class action lawsuit alleging that it misrepresented the efficacy of a group of over-the counter drugs. If you purchased Sinus Buster products between March 7, 2012 and Feb. 20, 2014, you could be eligible for a cash payment from the Sinus Buster class action settlement.

Who’s Eligible

Class Members of the Sinus Buster class action settlement include all persons in the United States who purchased the following Sinus Buster products between March 7, 2012 and Feb. 20, 2014:

  • Sinus Buster
  • Sinus Buster Mild
  • Sinus Buster Anti-Cold Formula
  • Cold Buster
  • Allergy Buster
  • Sinus Buster Allergy Formula
  • Headache Buster
  • Sinus Buster Headache Formula
Potential Award

$5 and up.

Proof of Purchase

The Sinus Buster settlement will provide refunds of $5 per affected product, up to a maximum of two products, to Class Members who do not submit a proof of purchase. Class Members who submit proofs of purchase with their Claim Forms will be eligible to receive a full monetary refund of the actual purchase price of the affected products purchased.

Claim Form Deadline

7/17/2014

Case Name

In re: Sinus Buster Products Consumer Litigation, Case No. 1:12-cv-2429-ADS-AKT, in the U.S. District Court for the Eastern District of New York.

Case Summary

Sinus Buster products are a line of capsaicin-based drugs that are marketed and sold online and in retail stores for between $10 and $15 per bottle. According to the class action lawsuit, Hi-Tech claims capsaicin has the ability to treat sinus congestion and related cold and allergy symptoms. The Sinus Buster products are sold as over-the-counter homeopathic drugs, and have therefore not been evaluated or approved by the U.S. Food & Drug Administration (FDA). According to the class action lawsuit, Hi-Tech falsely represented that Sinus Buster products were effective for their advertised purpose, homeopathic, FDA-approved, and proven effective.

The Sinus Buster class action lawsuit alleges Hi-Tech misrepresented the efficacy of its Sinus Buster products in violation of consumer protection and warranty laws. The plaintiffs claim that they would not have purchased or paid as much for the products if the products had been labeled accurately. Hi-Tech denies the allegations but has agreed to the class action settlement to avoid the expense and uncertainty of ongoing litigation.

Final Hearing

6/27/2014

Settlement Website

http://rg2claims.com/SinusBusters.html

Claims Administrator

Sinus Buster Settlement Administrator
RG/2 Claims Administration
P.O. Box 59479
Philadelphia, PA 19102
1-866-742-4955

Class Counsel

Antonio Vozzolo
Courtney E. Maccarone
FARUQI & FARUQI LLP

Scott Bursor
Joseph I. Marchese
BURSOR & FISHER PA

Defense Counsel

Jeffrey N. Levy
TASHLIK GOLDWYN CRANDELL LEVY LLP

UPDATE: Viewers are reporting that they began receiving checks from the Sinus Buster class action settlement on March 16, 2015. Did YOU get paid? Let us know in the comments section below!

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62 thoughts onSinus Buster Products Class Action Settlement

  1. Sea Berg says:

    Me also. Great product and now can’t find it anywhere.

  2. David Stewart says:

    This product helped me. This pisses me off.

  3. A says:

    it didn’t do what it claimed for a few people, and y’all go and bankrupt the company? that’s so shitty. lots of FDA approved products don’t work for many, and even kill plenty of people, but they’re still available. anyway, i”ve made my own “sinus buster” now. sea salt (1/4 tsp), colloidal silver (1/4 tsp), and ‘pepper water’ (1 & 1/2 oz.), made with red pepper flakes put in a ‘tea ball’ then steeped in a mug of boiling water. mixed together, and put in a 2 oz. nasal spray bottle. maybe this product will come back around, without any health claims. many natural product’s health benefits are understood without claims on the label for this very reason.

  4. Sovetskiy Kozel says:

    So This is why I can’t find this stuff at walgreens anymore!
    DAM, I Guess I got to go back to taking a teaspoon full of Tabasco sauce again. As much as my stomach hates that, it also cleared up my sinuses.

  5. Jen W says:

    Sad to see this quick fix for my husband’s cluster headaches disappear. I just ordered some similar products online, hoping for the same level of effectiveness. Sorry the selfish actions of a few have impacted so many sufferers.

  6. Barbara Blake says:

    I’d like to sue you stupid attorneys! Are you gonna stand by me while lay by the toilet because of my nauseating headache? Sinus Buster is the only product that helped me! I’ve been using it for years and loved it. Is there any recourse for me? I need some. Desperate!!

  7. Eileen L. says:

    Sinus Buster is the only OTC product that helped me with my sinus issues.. thanks alot greedy peeps…

  8. Marge Weismantel says:

    What a joke!! This is all about greed. You don’t give a flying crap about FDA blah, blah, blah. This was a way for lawyers to make a buck. This was a great product that helped me to get some sleep! I used it every night. Now I wake up all stuffed up and nothing else really works like Sinus Buster. Take your 5$ And put it where the sun don’t shine.

  9. Jason says:

    This stuff worked great,, whats the matter did it work too well? FDA and attorney’s are crooks!

  10. Tinamarie Gerardi says:

    Sinus busters is the only otc product that had helped me with my Multi Chemical Sensitivity Disorder. Allergy meds do not work for chemical sensitivity I was diagnosed with MCSD 14 years ago trying prescription nasal spray full of chemicals, pills steroids backfired and did more harm than good . Other products containing capsaicin arent as effective. I was wondering why Its so hard to find and the price was skyrocketing. Ive been moistening a cotton tip with cayenne pepper and putting it in my nostril to get relief.

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