Boericke & Tafel Class Action Investigation Looks Into False Advertising Claims
By Amanda Antell
Across America, consumers are filing lawsuits against homeopathy companies for false advertising or product misrepresentation. One of the companies being investigated for allegedly misrepresenting the efficacy of their homeopathic products is Boericke & Tafel.
Boericke & Tafel is one of the oldest and most respected homeopathic companies in the world. Founded by Francis E. Boericke and Adolph J. Tafel in the 1800’s, they had successfully opened pharmacies in Pennsylvania, New York, New Orleans, San Francisco, Pittsburgh, Washington D.C., Minneapolis, Chicago and Cincinnati. Boericke and Tafel are responsible for publishing over 85 percent of all homeopathic books in the United States, including the Boericke Materia Medica, which is still the standard homeopathy book in country.
One of the ingredients of concern that the company uses is white bryony. White bryony is a berry often used for pain and respiratory issues by natural health practitioners, but can be fatal in just over one dose for children. Additionally, the berry has reportedly led to convulsions and further inflammation, which could potentially lead to breathing problems.
All homeopathic remedies in the United States are regulated by the FDA, mainly through the Homeopathic Pharmacopeia of the United States (HPUS). To be in accordance with the FDA, homeopathic drugs must be tested for their level of effect and manufactured and labeled according to the Federal FD&C Act and the HPUS before being considered as an official homeopathic drug. Official homeopathic drugs are typically marketed according to their classification in the HPUS.
Despite the regulation, homeopathic remedies are not regulated under the FDA’s Dietary Supplement Health and Education Act of 1994. This means that homeopathic drugs can be sold over-the-counter, with only some being classified as prescription. Furthermore, the FDA allows significant exemptions for homeopathic remedies, where they wouldn’t allow other drugs. Several of these exceptions are:
- Homeopathic companies are not required to submit new drug applications to the FDA.
- Homeopathic companies are exempt from good-manufacturing-practice requirements related to expiration dating.
- Homeopathic companies are exempt from “finished product testing for identity and strength.”
- Homeopathic products may “contain much higher amounts” of alcohol than other drugs, which may contain no more than 10%…even less for children’s medications.”
Aside from the flexibility these companies receive from the FDA, homeopathic remedies are often subject of scientific scrutiny, with much of the medical community not even considering them to be serious treatments. One study conducted in Britain had showcased that a homeopathic remedy to treat asthma was no better than placebo.
Researchers at the Royal South Hants Hospital in Southampton, England, carried out this study, observing 242 people over a period of 16 weeks who used homeopathy treatments to regulate their asthma. The study concluded that while the product presented no additional danger to the patient, it was in no way, helpful, and was no different than using an empty container.
Boericke & Tafel are currently under investigation for using placebos in their products, and selling them to customers at their typical drug retail price.
If you believe that you or a loved one has been the victim of a Boericke & Tafel false advertisement, you have legal options. Please visit the Boericke & Tafel, Sprayology Homeopathic False Advertising Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned homeopathy lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The homeopathy attorneys working this investigation do not get paid until you do.
Updated July 1st, 2013
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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There were two major UK Advertising Standards Authority adjudications against homeopathy organisations published last week. One was against the prominent trade body, the Society of Homeopaths and the other a honeopathy advocacy group called H:MC21 (Homeopathy: Medicine for the 21st Century [sic]).
Full details can be found here: Landmark decisions for homeopaths
http://www.nightingale-collaboration.org/news/152-landmark-decisions-for-homeopaths.html