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A federal judge has certified a class action lawsuit against NaturalCare Inc. claiming its homeopathic product RingStop failed to treat ringing and buzzing in ears as advertised.
Lead plaintiff Alisa Neal alleges in the RingStop class action lawsuit that she purchased the homeopathic medicine in January 2012 based on NaturalCare’s advertisements that RingStop treats tinnitus symptoms, including ear ringing, ear noise and sensitivity to sounds. Neal claims the product did not deliver the promised effect and did not treat her symptoms.
NaturalCare motioned to dismiss the RingStop class action lawsuit based on the argument that Neal was unlike other members of the proposed class because the condition of her ears presented a unique injury to her.
U.S. District Judge David O. Carter rejected that argument, along with NaturalCare’s argument that Neal should not lead the class because she did not have a receipt for purchasing RingStop and did not use the product as directed, which calls for it to be used for three to six months for best results.
“An indication that ‘best results’ will require three to six months of continuous use does not defeat plaintiff’s claim that the product can have none of the advertised effects due to the fact that its active ingredients have never been shown to have improved any symptoms of tinnitus or related symptoms,” Judge Carter ruled.
Carter certified the RingStop class action lawsuit to include all California residents who purchased RingStop either from a retail location or online at any time within the past four years.
It is alleging violations of California’s Consumer Legal Remedies Act, False Advertising Law and Unfair Competition Law.
The RingStop False Advertising Class Action Lawsuit case is Alisa Neal v. NaturalCare Inc., Case No. 12-cv-00531, U.S. District Court for the Central District of California.
Neal is represented by James B. Hardin, Scott J. Ferrell and Victoria C. Knowles of Newport Trial Group.
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