Fungi Nail does not kill nail fungus as advertised, class action alleges

Fungi Nail class action overview: 

• Who: A Fungi Nail consumer is suing the manufacturer.
• Why: The plaintiff says the product does not work as advertised.
• Where: The Fungi Nail class action lawsuit was filed in a Florida federal court.

Fungi Nail falsely advertises that it kills toenail fungus when it does not, a new class action lawsuit alleges.

Plaintiff Courtney Vogel filed the class action lawsuit against Arcadia Consumer Healthcare Inc. on May 15 in a Florida federal court, alleging violations of Florida’s Deceptive and Unfair Trade Practices Act.

According to the lawsuit, Arcadia — doing business as Kramer Lab — markets its Fungi Nail products as foot fungus treatment, but the “supposed medication” is ineffective against nail fungus, Vogel alleges. 

For this reason, Kramer Labs has been the subject of an investigation by the Federal Trade Commission and has numerous consumer complaints, she says.

“Defendants sell the Product by deceiving the public about the Products’ abilities to cure nail fungus,” Vogel alleges.

Consumers were deceived by packaging, lawsuit states

Kramer Labs misleadingly advertises on its packaging and website that the Fungi Nail product is a treatment for nail fungus, Vogel says. 

“The Product name is clear – Fungi Nail – every reasonable consumer will immediately assume the Product is a nail fungus treatment,” the lawsuit states.

The front of the package states “FUNGI NAIL ANTIFUNGAL LIQUID” in bold lettering with a picture of an infected looking toenail. Further, Kramer Lab’s advertisements feature misleading instructions showing the product being applied to the toenail even though it allegedly does not kill nail fungus, Vogel says.

“The misrepresentation identified above, when viewed in the context of the labeling as a whole and the product at issue, has the tendency or capacity to deceive or confuse reasonable consumers into believing that the Product will treat nail fungus,” the lawsuit states.

As a result, Vogel is suing on behalf of a nationwide class of Fungi Nail purchasers, plus a Florida subclass. She seeks certification of the class action, damages, fees, costs and a jury trial. 

What do you think of the allegations in this Fungi Nail lawsuit? Let us know in the comments! 

The plaintiff is represented by William Wright of The Wright Law Office 

The Arcadia class action lawsuit is Courtney Vogel, et al. v. Arcadia Consumer Healthcare Inc., Case No. 6:23-cv-00899-CEM-RMN in the U.S. District Court for the Middle District of Florida Orlando Division.

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