Lozenge buyers fight to keep Vicks false ad class action alive

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Update:

• Consumers are fighting to keep a class action lawsuit alive alleging Procter & Gamble Co. misrepresents Vicks Honey Lemon Chill lozenges as containing lemon and honey even though they contain negligible amounts of the natural ingredients.
• Plaintiff Jeffrey Thomas filed a memorandum June 22 in a New York federal court urging the court not to throw out the Vicks class action lawsuit, and arguing the manufacturer misrepresents the lozenges’ effectiveness.
• As well as taking aim at the fact the lozenges do not include enough honey or lemon to provide a medical benefit, Thomas also argues that labeling the lozenges as “fast” or “quick” is misleading and not permitted by the U.S. Food & Drug Administration (FDA). 
• He added that labeling the products as “Max Strength” is also misleading because there is no scientific indication that the amount of menthol in the drops increases their strength. 

Vicks class action lawsuit overview:

• Who: Plaintiff Jeffrey Thomas filed a class action lawsuit against The Procter & Gamble Co. (P&G).
• Why: He alleges P&G misrepresents Vicks Honey Lemon Chill lozenges as containing lemon ingredients.
• Where: The Vicks class action lawsuit was filed in New York federal court.

(Nov. 30, 2022)

The Procter & Gamble Co. faces a class action lawsuit alleging it misrepresents Vicks Honey Lemon Chill lozenges as containing lemon even though they contain no lemon ingredients.

Plaintiff Jeffrey Thomas says he reviewed the front label of Vicks Honey Lemon Chill lozenges, which includes the phrase “Soothes Sore Throat” and depicts an image of a lemon wedge. Based on the label’s representations, he believed the lozenges contained lemon, according to the Vicks class action lawsuit.

“Below ‘Soothes Sore Throat’ is a lozenge beneath a dripping honey dipper, propped up against a lemon wedge, dispensing what appears to be cool vapor into a mouth and nose,” the Vicks class action says of the product label.

However, Thomas says lemon is not listed as an ingredient in the Vicks Honey Lemon Chill product.

“Consumers viewing the lemon wedge will expect lemon ingredients, understood as a source of vitamin C and believed to promote immunity,” the Vicks class action lawsuit says.

Vicks class action says product label should note lozenges do not contain FDA-approved demulcent ingredients

Thomas also alleges the phrase “Soothes Sore Throat” suggests the product contains demulcent ingredients that soothe and relieve irritation. The Food and Drug Administration has approved certain demulcent ingredients, but the Vicks Honey Lemon Chill lozenges do not contain any of them, Thomas alleges.

Thomas notes the lozenges’ corn syrup and sucrose ingredients can function as demulcents, but he claims the label should identify the product as an “oral anesthetic formulated in a sugar base.”

Had the plaintiff known the representations about the lemon content in the lozenges were false and misleading, the class action says, he would have paid less for the lozenges or would not have purchased them at all.

The Vicks class action lawsuit asserts claims for violations of New York business law, various state consumer fraud acts, breach of warranty, fraud and unjust enrichment.

Bayer faces a similar class action lawsuit alleging it deceptively markets an Alka-Seltzer Plus cold and flu product as containing honey and lemon ingredients even though it allegedly contains neither. 

What do you think of the allegations against Vicks Honey Lemon Chill lozenges? Tell us about it in the comments.

Thomas is represented by Spencer Sheehan of Sheehan & Associates PC.

The Vicks Honey Lemon Chill class action lawsuit is Jeffrey Thomas, et al. v. The Procter & Gamble Co., Case No. 1:22-cv-00914, in the U.S. District Court for the Western District of New York, Buffalo Division.

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