
Allegations of false advertising have put a manufacturer of homeopathic cold remedies on the spot in a multi-million dollar homeopathic class action lawsuit.
Several plaintiffs who bought homeopathic remedies made by Hyland’s Inc. allege the company neglected to explain to customers that their remedies contain very little, if any, of their claimed active ingredients.
In testimony during a recent trial, plaintiff Melissa Nigh alleges she bought Hyland’s Teething Tablets to help relieve pain and irritation for her son and daughter while they were teething. She also testified that she purchased Hyland’s Calms Forté sleeping aid to help her restless son get some sleep.
Nigh claims that neither of these products did what she was led to expect them to do based on the products’ advertisements. She said that in choosing to buy these products, she relied on the copy on the label that described the products as “all-natural,” which gave her the impression that these products would be better for her children.
Furthermore, the plaintiff alleges she took the representations on the box at face value, assuming that some sort of regulation was in place to verify those claims. She also mentioned that the store where she bought the Hyland’s products stocked them next to more mainstream medicines like Children’s Tylenol.
In August 2014, Judge Dolly M. Gee certified the Hyland’s class action lawsuit. The certification applied to claims over the folllowing Hyland’s products: Colic Tablets, Cough and Seasonal Allergy Relief, Defend Cold & Cough, Defend Cold & Cough Night, Leg Cramps, Leg Cramps with Quinine, and Migraine Headache Relief.
Claims related to Hyland’s ClearArc and Poison Ivy/Oak Tablets were excluded from the certification because, according to Judge Gee, named plaintiff Daniele Xenos did not rely on certain statements in the products’ labeling when choosing to buy the product.
What Are Homeopathic Treatments?
Homeopathy is a school of alternative medicine based on the premise that administering a minute amount of some substance that causes a certain symptom in a patient will help the patient’s body combat the disease that causes that symptom. Homeopaths use repeated dilution to measure out the prescribed amount of active ingredient in each treatment.
According to the order certifying the class, the FDA does not review homeopathic drugs or their packaging. However, the agency has stated it is unaware of any scientific evidence of the effectiveness of homeopathic remedies.
In general, plaintiffs in the Hyland’s class action lawsuit allege that the process of dilution leaves so little active ingredient in Hyland’s products that the claimed active ingredients are effectively no longer present in the final product. They say these products failed to work as advertised.
They also claim that some of these products that are labeled “100% Natural” or “All Natural” in fact contain synthetic components, some of which they say are potentially dangerous. They say that were it not for these representations on the products’ labeling, they would not have bought them.
The plaintiffs bringing several claims against Hyland’s based on violations of various states’ consumer protection laws, breach of warranty, and violation of the federal Magnuson-Moss Act.
Join a Free Homeopathy or Dietary Supplement Fraud Class Action Lawsuit Investigation
If you purchased a homeopathic or dietary supplement product that failed to perform as advertised, chances are you’ve been the victim of homeopathy or dietary supplement fraud. You may have a claim to seek compensation through a consumer protection class action lawsuit.
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