Judge dismisses class action over Alka-Seltzer honey false advertising

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Update:

• A New York federal judge dismissed claims in a class action lawsuit about Bayer’s Alka-Seltzer Plus Honey Lemon Zest Severe Cold & Flu packets.
• U.S. District Judge Elizabeth A. Wolford ruled against plaintiff Patricia Donadio’s claim that a reasonable consumer would believe the product contained actual honey and lemon rather than flavors.
• The judge noted the ingredients list on the packets says the product contains flavors and not actual honey or lemon.
• “Plaintiff has not identified a single comparable product that contains such ingredients,” Judge Wolford writes in her opinion.

Alka-Seltzer class action overview: 

• Who: An Alka-Seltzer customer sued Bayer, the product’s manufacturer. 
• Why: The plaintiff alleges Bayer deceptively markets an Alka-Seltzer product containing honey and lemon. 
• Where: The Alka-Seltzer class action lawsuit was filed in a New York federal court.

(Nov. 23, 2022)

Bayer makes an Alka-Seltzer product that deceives customers with its marketing, causing them to believe it contains honey and lemon, a new class action lawsuit alleges.

Plaintiff Patricia Donadio filed the class action lawsuit against Bayer Healthcare LLC Nov. 21 in a New York federal court, alleging violations of state and federal consumer laws. 

Bayer makes and sells mix-in powder packets under the Alka-Seltzer Plus brand promoted as treating “Severe Cold & Flu” with the words “Honey and Lemon Zest” on the packet, Donadio says.

Based on the labeling, consumers will expect the product to contain honey and lemon ingredients and that these ingredients provide some therapeutic benefit in addition to the identified active ingredients, Donadio states.

“However, the active and inactive ingredient lists reveal the absence of honey and lemon zest,” the Alka-Seltzer class action says.

Alka-Seltzer class action claims Bayer sold product for inflated price

The product’s labeling, with its nod to lemon and honey, appeals to consumers seeking more natural products, the lawsuit states.

“Nevertheless… no credible evidence or studies support the notion that either honey or lemon are effective in treating or reducing the severity and duration of colds, coughs and the other symptoms identified,” Donadio states. “While the label does not explicitly promote added vitamin C, consumers viewing the lemon wedge and reading ‘Lemon Zest’ will understand these references as implying the Product contains vitamin C which will improve their health and immunity.”

As a result of the false and misleading representations, Bayer sells the Product for a premium price of $8.99, a higher price than it would otherwise be sold for, the Alka-Seltzer class action states.

Donadio looks to represent a class of New York consumers who bought the product, plus a consumer fraud multistate class from Iowa, Kansas, New Mexico, Utah, Idaho, North Dakota, West Virginia, Texas, Montana, Mississippi and Arkansas.

She sued for violations of New York General Business law, state consumer laws, breach of warranty, fraud and unjust enrichment. 

She seeks certification of the class action, damages, fees, costs and a jury trial. 

In related news, in June, a consumer hit Bayer with a class action lawsuit alleging it manufactures, markets and sells over-the-counter Alka-Seltzer cold and flu medicine labeled as “non-drowsy” even though it contains an ingredient that causes drowsiness.

Have you bought this Alka-Seltzer product? Let us know in the comments.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Alka-Seltzer class action lawsuit is Patricia Donadio, et al. v. Bayer Healthcare LLC, Case No. 6:22-cv-06521, in the U.S. District Court for the Western District of New York, Rochester Division.

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