Ricola class action overview:
- Who: Plaintiff Bonnie Wilmot filed a class action lawsuit against Ricola USA Inc.
- Why: The plaintiff claims that the Ricola menthol Nasal Care lozenges are advertised as relieving nasal symptoms but are not a nasal decongestant or “max strength” as advertised.
- Where: The Ricola class action was filed in federal court in Florida.
Plaintiff Bonnie Wilmot filed a class action lawsuit claiming that Ricola menthol Nasal Care lozenges do not actually relieve any nasal symptoms and are not “max strength” or “extra strength” as advertised.
Menthol is the active ingredient in the product and it provides a coldness sensation to temporarily mask pain on both the skin and mucous membranes but it does not have any benefit for nasal symptoms, the class action states.
“Consumers viewing the label will expect the Product to reduce symptoms of nasal issues, such as congestion and stuffiness,” the Ricola class action says. “However, the statements of ‘Nasal Care,’ ‘Cools Passage’ and ‘Soothes Nose’ and the pictures of the red cross, the universal symbol for care, and vapors passing through a human nose, are misleading for several reasons.”
“Max strength” and “extra strength” also are not true about the lozenges because the lozenges have 15.3 mg of menthol instead of the maximum allowed 20 mg of menthol, according to the Ricola class action. The lawsuit acknowledges an asterisk on the drug facts box stating this is Ricola’s strongest drop, but there is no proof that a drop with 15.3 mg of menthol is more effective than one with 10 mg of menthol, the lawsuit claims.
Menthol claims led class to spend more on lozenges than consumers normally would, lawsuit claims
Because of the nasal symptom and max strength claims, consumers paid a premium for the lozenges of at least $5.79 for 34 lozenges, according to the class action lawsuit.
The lawsuit claims Ricola violated Florida’s Deceptive and Unfair Trade Practices Act and its law on false and misleading advertising.
Ricola also is facing a December class action lawsuit claiming it misleadingly represents that its green tea with echinacea throat drops gets its cough suppressant abilities from green tea and echinacea when their active ingredient is actually menthol.
Have you tried Ricola menthol Nasal Care lozenges? Let us know in the comments.
The plaintiff is represented by William Wright of The Wright Law Office PA and Spencer Sheehan of Sheehan and Associates PA.
The Ricola menthol class action lawsuit is Wilmot v. Ricola USA Inc., Case No. 6:23-cv-01709, in the U.S. District Court for the Middle District of Florida, Orlando Division.
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