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The maker of Little Remedies pain reliever allegedly preys upon caregivers’ fears of overdosing young children on acetaminophen by falsely advertising the line.
Lead plaintiffs Robert Burchfield and Jeannine Beaty say Prestige Consumer Healthcare Inc. touts its Little Remedies brand of over-the-counter pain relief medicine as “specially formulated” for infants.
The plaintiffs say the product’s marketing leads consumers to perceive Little Remedies pain reliever is safer than other products; however, the class action lawsuit contends there is no difference between Little Remedies and cheaper competing products or even its own product marketed for children.
“Giving a child too much acetaminophen can be dangerous and even fatal, a problem that terrifies parents and caregivers and causes them to be extra careful when buying medicine for their young children and babies,” points out the complaint. “Defendant’s packaging for its Infants’ Product exploits parents’ and caregivers’ fear of giving their children an improper (and possibly fatal) dosage or formulation.”
Each of the plaintiffs say they fell for the deceptively advertised product.
Burchfield claims when his baby was an infant, he purchased Little Remedies believing it was specially formulated for infants.
Similarly, Beaty says when her child was 6-months-old and suffering from a fever, she purchased the infant version of Little Remedies based on marketing that led her to believe the medicine was different from the children’s version.
According to the class action lawsuit, the marketing for Little Remedies pain reliever and other products in the line focuses on the lack of artificial flavorings, colorings or other ingredients.
The products have been advertised using the following statement since 2004; “Everything they need. Nothing they don’t.”
The plaintiffs say Prestige uses this misleading marketing to influence consumer perceptions of safety, pointing to a statement made by the company acknowledging “adverse publicity about acetaminophen … may discourage consumers from buying our products containing those ingredients, which would have an adverse impact on our sales.”
According to the complaint, Prestige charges significantly more for its infant versions of Little Remedies pain reliever products than the child’s version; however, the medicine contained in the product is the same as in the child’s version.
“There is no difference in the medicine sold in the Infants’ Product and the Children’s Product,” the class action lawsuit contends. “But Defendant does not disclose this important information anywhere on the Infants’ Product packaging. Accordingly, representing to consumers that the Infants’ Products are somehow different or specially formulated so that they — and they alone — should be used in caring for infants deceives reasonable consumers.”
The complaint notes that, in the past, the labeling of infant and children’s acetaminophen was vitally important — the children’s version contained more of the active ingredient and a mix-up in medicines could and did lead to overdoses and deaths.
However, the plaintiffs point out that in 2011, the industry voluntarily changed its practices such that the doses of acetaminophen in children’s and infant’s pain relievers were the same and there was less potential for confusion.
But despite the products containing the same medicine, Prestige allegedly charges twice as much for its infant version of Little Remedies as it charges the child’s version. The plaintiffs accuse the company of misleading consumers and preying on caregivers’ fears of giving infants and young children the wrong dose of the medicine.
“Defendant’s deceptive and misleading advertising, marketing, packaging and business practices harness the fear of acetaminophen toxicity to trick consumers, including Plaintiffs, into purchasing and overpaying for Infants’ Product when Children’s Product would be just as safe and effective at a fraction of the price,” the complaint asserts.
Indeed, the plaintiffs point out consumers pay $7.91 for 4 ounces of the children’s version of Little Remedies, while the infant version costs nearly the same amount, $6.87, for just 2 ounces of the medicine.
The plaintiffs accuse Prestige of violating various Illinois and California consumer protection laws.
They seek to represent a nationwide Class of consumers who purchased the infant version of Little Remedies, along with an Illinois subclass. The plaintiffs are seeking damages as well as a court order stopping the alleged false advertising.
Have you purchased Little Remedies Infant Fever + Pain Reliever? What do you think of the false advertising allegations? Tell us in the comment section below.
The lead plaintiffs and proposed Class Members are represented by Scott Edelsberg of Edelsberg Law PA; and Gillian L. Wade, Sara D. Avila and Marc A. Castaneda of Milstein Jackson Faichild & Wade LLP.
The Little Remedies Pain Reliever False Advertising Class Action Lawsuit is Robert Burchfield, et al. v. Prestige Consumer Healthcare Inc., Case No. 2:20-cv-10717, in the U.S. District Court for the Central District of California.
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43 thoughts onLittle Remedies Pain Reliever Not ‘Specially Formulated’ for Babies, Class Action Lawsuit Says
If someone doesn’t actually read what they are giving THIER child that’s on them. Everything is a marketing scheme. How do you think they sell it.