Boiron Homeopathic Product Settlement Checks in the Mail

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Payments from a 2012 class action settlement over Boiron homeopathic products are finally being mailed to Class Members, three years after the settlement was reached.

Consumers who purchased one of 23 different Boiron homeopathic remedies started receiving checks in the mail this week from the $5 million class action settlement. Payments vary, based on how many products were purchased. Under the terms of the deal, Class Members who submitted proof of purchase could claim up to $100 per household. Claims submitted without proof of purchase were capped at $50 per household.

What is the Galluci v. Boiron settlement?

The settlement resolves a class action lawsuit, entitled Galluci v. Boiron, Inc., that alleges Boiron made false claims about the effectiveness of its homeopathic products’ treatment of ailments such as the flu, arthritis, sore joints, joint pain, aches, fever, coughs, insomnia or sleeplessness. According to plaintiffs, the active ingredients in Boiron’s products are so diluted that they are “effectively non-existent,” making them little more than sugar pills.

Boiron denies the allegations and any wrongdoing but agreed to create a $5 million class action settlement fund to resolve the litigation and avoid the expense and uncertainty of going to trial.

The Boiron settlement was approved by a California federal judge in October 2012, but was held up in appeals by a Class Member objector, who argued that the deal was not fair, reasonable or adequate. The objector argued that the $5 million settlement amount represents less than 1 percent of Boiron’s retail sales and that Class Members would have had a better shot at a fair deal if the class action lawsuit had gone to trial.

The 9th Circuit Court of Appeals rejected the argument, and affirmed the Boiron class action settlement effective Feb. 24, 2015.

Who was included?

Class Members of the Boiron settlement include all persons who purchased one of the following Boiron homeopathic products after Jan. 1, 2000 — excluding California residents whose only purchase of a Boiron product was of Children’s Coldcalm in California after Aug. 31, 2006:

• Acidil
• Arnicare
• Avenoc
• Calendula
• Camilia
• Chestal
• Chestal Children’s
• Cocyntal
• Coldcalm
• Coldcalm Children’s*
  • *Excluding sales to California residents who purchased Children’s Coldcalm in the State of California after Aug. 31, 2006.
• Cyclease
• Gasalia
• Optique
• Oscillococcinum
• Oscillococcinum Children’s
• Quietude
• Roxalia
• Sabadil
• Sabadil Children’s
• Sedalia
• Sinusalia
• Sportenine
• Yeastaway
• All other generic and other-branded homeopathic products manufactured by Boiron and sold in the United States, including any variations, formats, dosages, dilution or packages.

The deadline to file a claim was Dec. 15, 2012 (see our detailed claim filing instructions here.)

Congratulations to our Top Class Actions readers who submitted a valid claim and got PAID! If you missed out, sign up for our free newsletter to receive updates on new class action lawsuits and settlements. You can also check out which class action settlements are still accepting claims in our Open Settlements section.

Class Members are represented by John Joseph Fitzgerald IV, Gregory Weston, and Melanie Persinger of The Weston Firm, and Ronald A. Marron and Beatrice Skye Resendes of the Law Offices of Ronald A. Marron.

The Boiron Homeopathic Remedy Class Action Lawsuit is Salvatore Gallucci, et al. v. Boiron Inc., et al., Case No. 3:11-cv-020390-JAH-NLS, in the U.S. District Court for the Southern District of California. The appeal is Case No. 12-57081, in the U.S. Court of Appeals for the Ninth Circuit.

UPDATE: On June 13, 2016, Top Class Actions readers who submitted timely and valid claims for the Boiron settlement began receiving second disbursement checks worth as much as $529.90.