Hyland’s Faces Homeopathic Baby Products Class Action Lawsuit

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Homeopathic remedy manufacturer Hyland’s faces a putative class action lawsuit over claims that multiple baby products marketed as “safe and effective” do not provide any benefits beyond that of a placebo.

Lead plaintiffs Marie Kaatz and Abigail Gaillardi accused Hyland’s as well its parent company Standard Homeopathic Company of falsely advertising infant products as providing fast and natural relief when they allegedly do nothing to cure ailments and contain synthetic ingredients.

The Hyland’s class action lawsuit states that the company has “helped shape beliefs that homeopathy products are safer than alternative mainstream medicine,” however, some of the ingredients found in their baby products are associated with the development of severe health problems.

According to the plaintiffs, Hyland’s Baby Teething Gel contains sodium benzoate and potassium sorbate. The Hyland’s homeopathic class action lawsuit states that sodium benzoate combined with ascorbic acid (commonly found in food) can produce benzene, which is a highly toxic carcinogen. While potassium sorbate can trigger the development of cancer, according to the complaint.

Although the ingredients of Hyland’s Baby products are listed on the back of the package, Kaatz and Gaillardi claim that a reasonable customer would not understand that they are synthetic at the time of purchase.

“Discovering that the ingredients are unnatural and synthetic requires a scientific investigation and knowledge of chemistry beyond that of the average consumer,” the Hyland’s class action lawsuit states.

Kaatz and Gaillardi say they purchased five different Hyland’s Baby products including gas drops, teething gel and earache drops because of the marketing claims of providing “natural relief.” However, the Hyland’s Baby class action lawsuit states that had they known that the advertising of these products was false they would not have purchased them nor would they have paid a premium for them.

The Hyland’s homeopathic class action lawsuit alleges the company violated the federal Magnuson-Moss Warranty Act, New York state business practice laws and consumer protection laws in all states.

If approved, the Hyland’s class action lawsuit would be open to all Class Members within the U.S. who purchased Hyland’s Baby Teething Gel, Hyland’s Baby Cough Syrup, Hyland’s Baby Gas Drops, Hyland’s Baby Infant Earache Drops or Hyland’s Baby Nighttime Tiny Cold Syrup.

Kaatz and Gaillardi allege Hyland’s breached its implied warranty, negligently misrepresented its products and were unjustly enriched by the premium price they charge for baby products.

Currently, Hyland’s is also fighting another class action lawsuit in California over claims of the effectiveness of its children’s cold and flu products. The judge in that case dismissed Hyland’s argument that false advertising claims are preempted by the Food, Drug and Cosmetic Act.

Kaatz and Gaillardi are represented by Jason P. Sultzer, Joseph Lipari and Jean M. Sedlak of The Sultzer Law Group PC.

The Hyland’s Homeopathic Baby Products Class Action Lawsuit is Marie Kaatz, et al. v. Hyland’s Inc., et al., Case No. 7:16-cv-00237, in the U.S. District Court for the Southern District of New York.

UPDATE: On Mar. 4, 2016, consumers told a federal judge that it is too early to dismiss the proposed class action lawsuit against homeopathic remedy company Hyland’s, claiming that the decision should be deferred until class certification is considered.