Nestle Class Action Alleges Company Falsely Advertises Peppermint Pills as a Cure for Irritable Bowel Syndrome

Nestle Peppermint Oil False Advertising Class Action: 

• Who: Julie Foster filed a class action lawsuit against Nestle Health Science US Holdings, Inc. 
• What: The plaintiff  alleges that the company falsely advertises its IBgard brand peppermint oil capsules as treating and curing irritable bowel syndrome.
• Where: The lawsuit is for consumers in Illinois, Minnesota, Arizona, New Jersey, Rhode Island, Maine, Oregon, Washington, North Dakota, Texas, Iowa, Kansas, Georgia, Ohio, West Virginia, Virginia, North Carolina, Delaware, Montana, Kentucky, Tennessee, New Hampshire, Alaska, South Dakota, Oklahoma, Utah, Nebraska, Maine and Wyoming.

Nestle falsely advertises its peppermint oil capsules as a treatment and cure for irritable bowel syndrome, saying that the pills are clinically proven to treat the disease when there is no scientific evidence supporting the claims, a class action lawsuit alleges.

Julie Foster filed the lawsuit against Nestle Health Science US Holdings, Inc. in Illinois, alleging that the company violates consumer fraud laws, breaches warranties, and commits negligent misrepresentation, fraud and unjust enrichment.

She says that she bought the company’s IBgard brand pills to treat her irritable bowel syndrome, relying on the product’s marketing and packaging that says it is “Clinically Proven to Help Relieve Irritable Bowel Syndrome Symptoms,” and “A Medical Food for the Dietary Management of Irritable Bowel Syndrome.” It also includes a gold seal of approval by doctors.

However, she argues, all those representations are misleading as the capsules fail to meet Food and Drug Administration criteria and there is no “competent or reliable scientific evidence” that supports the claims the pills are clinically proven to have the effects promised.

“Studies have shown that peppermint oil and a placebo both showed clinically meaningful improvement in IBS symptoms with no significant differences between them,” she says in the claim.

Product “Misleadingly” Identified As a Medical Food Without Meeting That Definition, Plaintiff Says

Foster adds that the capsules are misleadingly identified as a medical food without meeting the definition of what a medical food is. Medical foods are intended to meet distinctive nutritional requirements of a disease or condition and must be intended to be used under medical supervision, she says.

“The Product includes claims that it is intended for use in the cure, mitigation, treatment or prevention of disease, which are drug claims, and because the products are not generally recognized as safe and effective for treating these conditions, they are considered unapproved new drugs under the FDCA,” the lawsuit states.

Because of the company’s false advertising, she argues that consumers have paid too much for the pills, which retail at around $7.50 for 12 capsules.

She is suing on behalf of Illinois consumers and also a multi-state class consisting of consumers in Minnesota, Arizona, New Jersey, Rhode Island, Maine, Oregon, Washington, North Dakota, Texas, Iowa, Kansas, Georgia, Ohio, West Virginia, Virginia, North Carolina, Delaware, Montana, Kentucky, Tennessee, New Hampshire, Alaska, South Dakota, Oklahoma, Utah, Nebraska, Maine and Wyoming.

Foster seeks certification of the class, injunctive relief, damages, legal fees and costs and a jury trial.

Have you ever used Nestle’s IBgard brand pills? Let us know your experience in the comments section below!

Foster is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The Nestle IBS Pills False Ad Class Action Lawsuit is Foster v. Nestle Health Science US Holdings, Inc., Case No. 1:21-cv-01360-JES-JEH, in the U.S. District Court Central District Of Illinois Peoria Division.

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