Culturelle class action alleges company falsely advertises Ultimate Balance for Antibiotics products

Culturelle class action lawsuit overview:

• Who: Plaintiffs Ethel Warren and Christian Campos filed a class action lawsuit against I-Health Inc.
• Why: I-Health allegedly falsely advertises the health benefits provided by its Culturelle Ultimate Balance for Antibiotics products in violation of FDA regulations.
• Where: The Culturelle class action lawsuit was filed in California federal court.

I-Health Inc. misrepresents the benefits provided by its Culturelle Ultimate Balance for Antibiotics products, according to a class action lawsuit filed Sept. 7 in California federal court.

I-Health sells the Culturelle Ultimate Balance for Antibiotics products on its websites, brick-and-mortar stores such as Walmart, and on third-party websites like Amazon.com, plaintiffs Ethel Warren and Christian Campos explain. The products reportedly cost between $19.99 and $32.99.

The product labels and marketing reportedly claim that Culturelle Ultimate Balance for Antibiotics “rebuild [] bacterial balance lost to antibiotic use.”

However, Warren and Campos allege that this representation is false and misleading. They allege I-Health makes these claims without disclaimers required by U.S. Food and Drug Administration regulations.

FDA regulations prohibit supplement manufacturers from claiming that a dietary ingredient can treat, mitigate, cure, or prevent diseases, the plaintiffs explain.

“As such, the products are misbranded under the Food, Drug, and Cosmetic Act (‘FDCA’) and are, thus, illegal to sell and worthless,” the Culturelle class action lawsuit asserts.

Plaintiffs say they would not have purchased Culturelle Ultimate Balance for Antibiotics if they knew product was misbranded

The plaintiffs say that I-Health’s claims deceive consumers into believing they can self-diagnose and treat bacterial imbalance caused by antibiotic use without the supervision of a medical professional.

Warren and Campos each claim that they purchased Culturelle Ultimate Balance for Antibiotics products based on I-Health’s representations. They say they were willing to pay a premium price for the products based on the various claims and promises made by I-Health.

They would not have purchased the Culturelle products had they known that they were misbranded, according to the Culturelle class action lawsuit.

The Culturelle class action lawsuit asserts claims for violations of California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, breach of express warranties, and breach of the implied warranty of merchantability.

I-Health is not the first company to face allegations of falsely advertising over-the-counter medicinal products. Similar medication class action lawsuits have been filed against Sanofi-Aventis US, GSK Consumer Health Inc., Procter & Gamble, and Walgreens.

Have you purchased Culturelle Ultimate Balance for Antibiotics? Tell us what you think of the Culturelle class action lawsuit in the comments!

Warren and Campos are represented by Kristen Lake Cardoso and Jeff Ostrow of Kopelowitz Ostrow PA, and Nick Suciu III and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC.

The Culturelle Ultimate Balance for Antibiotics class action lawsuit is Ethel Warren, et al. v. I-Health Inc., Case No. 2:23-at-00895, in the U.S. District Court for the Eastern District of California.

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