Hyland’s Homeopathic Remedy Class Action Lawsuit Can Proceed

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U.S. District Court Judge George H. King found that a group of plaintiffs who alleged that cold and flu remedies were ineffective beyond the placebo effect had satisfied the Rule 23 standards in seeking certification of a Hyland’s homeopathic remedy false advertising class action lawsuit.

Members of the nationwide class action lawsuit include all consumers who since March 8, 2008 bought one of the following products:

1. Cold ‘n Cough 4 Kids,
2. Cough Syrup with 100% Natural Honey 4 Kids,
3. Sniffles ‘n Sneezes 4 Kids,
4. Cold Relief Strips 4 Kids with Zinc, and
5. Nighttime Cold ‘n Cough 4 Kids.

Due to a similar California legal action, residents of the other 49 states who purchased Hyland’s Complete Flu Care 4 Kids in that same timeframe may also be eligible to join the class in whatever jury award or settlement may be achieved. The result came after Judge King found the arguments of the homeopathic remedy maker less than compelling, from governmental interest analysis to an attack of the commonality of the plaintiffs.

He wrote in the decision that the lead plaintiffs allege that Hyland’s engages in false advertising in representing that “their homeopathic products provide fast, safe and effective relief from cold and flu symptoms.” They further go on to argue that “homeopathy is pseudoscience” and that as a result of the preparation procedures, the products contain “highly diluted concentrations of the products’ so-called ‘active ingredients.'”

That phrasing is key in considering whether or not the plaintiffs have a common legal question that can be remedied through the efforts of their class action lawsuit attorneys. The defense team had argued that because each of the homeopathic cold and flu remedies contained different ingredients, that there were no common questions of fact and that the case should proceed, if at all, divided by products. Judge King decided that was not the case.

After all, the plaintiffs “are challenging the products’ common homeopathic preparation … and lack of scientific testing” leading to the conclusion that the products “contain no active ingredients at all because of their common homeopathic dilution.” If that is the case, then it does not matter what herbs and other elements are included in the treatments.

Plaintiffs are represented by class action lawsuit attorneys from Faruqi & Faruqi LLP and Bursor & Fisher PA.

The Hyland’s Homeopathic Remedy False Advertising Class Action Lawsuit is Enzo Forcellati, et al. v. Hyland’s Inc., et al., Case No. 12-cv-1983, in the U.S. District Court for the Central District of California.

UPDATE: The Hyland’s Homeopathic products class action settlement is now open! Click here to file a claim. 

UPDATE 2: On May 9, 2018, Top Class Actions viewers started receiving checks in the mail from the Hyland’s homeopathic products class action settlement worth as much as $30.45. Congratulations to everyone who filed a claim and got PAID!