Cepacol class action alleges lozenges do not actually contain honey, lemon

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Cepacol class action overview: 

• Who: A Cepacol cough drop consumer sued the lozenges’ manufacturer, RB Health.
• Why: The plaintiff says some cough drops are advertised as though they contain honey and lemon when they do not. 
• Where: The Cepacol class action was filed in a California federal court.

Cepacol-brand cough drops are falsely advertised as containing honey and lemon when they do not contain either of those ingredients, a new class action lawsuit alleges.

Plaintiff Elena Nacarino filed the class action complaint against the cough drops’ manufacturer RB Health on Aug. 17 in a California federal court, alleging violations of state and federal consumer laws.

According to Nacarino, the packaging on Cepacol-brand Extra Strength Sore Throat Honey Lemon Lozenges deceives customers into thinking the lozenges contain both honey and lemon.

She says the product name includes the phrase “honey lemon” and the packaging shows an image of a honey wand dripping with honey alongside a lemon wedge. 

These representations would make a reasonable consumer believe they were buying a cough lozenge with some honey and lemon in it, the Cepacol class action states.

“Instead, the product appears to be, at most, honey and lemon flavored,” the lawsuit says. 

“However, unlike competitor products, nowhere on the front label does defendant inform consumers that the product is only flavored to taste like honey and lemon. As such, consumers cannot reasonably know or expect that the product does not contain honey or lemon.”

Cepacol class action alleges lozenges gained unfair advantage over competition

Nacarino points out some cough lozenges do contain honey and lemon, which gives them a higher value. She cites examples including Zand Immunity’s lemon honey cough drops, Luden’s throat drops, Ricola Honey Lemon Echinacea lozenges and Trader Joe’s honey lemon cough drops. 

The belief the Cepacol cough drops also include both honey and lemon was a significant factor behind Nacarino’s decision to purchase the product, she says.

Had she known the truth, Nacarino and others wouldn’t have bought it or would have paid significantly less for it, the Cepacol class action states.

Nacarino is looking to represent anyone in California who bought the cough lozenges. 

She’s suing RB Health under California’s False Advertising Law, Unfair Competition Law and Consumer Legal Remedies Act and for alleged breaches of express warranty, implied warranty of merchantability and unjust enrichment.

Nacarino seeks certification of the class action, fees, costs, damages and a jury trial.

A similar class action from 2019 class action lawsuit alleged Ricola’s soothing throat drops do not contain natural ingredients, as advertised by product representations. The case was mediated and settled in 2021.

What do you think of the allegations in the Cepacol class action lawsuit? Let us know your thoughts in the comments! 

Nacarino is represented by Robert Abiri of Custodio & Dubey LLP.

The Cepacol class action lawsuit is Nacarino v. RB Health US LLC, Case No. 3:22-cv-04721, in the U.S. District Court for the Northern District of California.

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