Los Angeles, CA: A consumer fraud class action lawsuit has been filed against Boiron Inc, the maker of Oscillococcinum, a homeopathic flu and cold remedy, alleging the company uses false and misleading advertising to persuade consumers to purchase the product.
Filed by Leonidas Jovel, the lawsuit, entitled Leonidas Jovel v. Boiron Inc., et al., Case No. BC520664, in the Superior Court of the State of California, County of Los Angeles, claims that as a result of Boiron' alleged false advertising, which asserts the product can relieve flu-like symptoms, consumers pay a premium for the product, also known as Oscillo.
Jovel purchased a box of Oscillo for $20 in November 2011. Before purshasin the product he claims he read the packaging carefully. He asserts that the claims Boiron make about Oscillo cannot be proven. He also alleges that Oscillo' active ingredient, Anas Barba, is severely diluted and is not capable of relieving flu-like symptoms. However, due to the company' false advertising, Boiron has earned substantial profits from the sale of Oscillo.
"Despite the fact that Oscillo is nothing more than sugar and water and despite the existence of clinical studies and scientific analyses that have concluded that there is no causative link between Oscillo or its active ingredient in relieving flu-like symptoms, defendants continue to claim that Oscillo temporarily relieves flu symptoms and reduces the duration and severity of flu symptoms for adults and children above the age of 2,"the lawsuit states.
Preliminary approval of an consumer fraud class action lawsuit against Boiron, Inc has been granted by a federal court. Jovel opted out of the settlement, the terms of which Under provide up to $5 million in refunds to consumers who purchased certain Boiron homeopathic products, including Oscillo, Arnicare, Chestal and Coldcalm. The Court also certified a class consisting of all U.S. consumers who purchased Boiron products between January 1, 2000 and Final Judgment in the litigation.
In that earlier class action , entitledGallucci v. Boiron, Inc., the lawsuit asserts Boiron made false claims about the effectiveness of its homeopathic products' treatment of ailments such as the flu, arthritis, sore joints, join pain, aches, fever, coughs, insomnia or sleeplessness. Specifically, the lawsuit claims that the active ingredients in Boiron' products are so diluted that they are "effectively non-existent,"making them nothing more than sugar pills or placebos.
The new consumer fraud lawsuit filed by Jovel claims Boiron is in violation of California' Unfair Competition Law and the Consumer Legal Remedies Act. The lawsuit seeks to enjoin Boiron from continuing to falsely advertise Oscillo. Jovel wants the company to engage in a corrective advertising campaign. He also seeks court costs and attorneys' fees.
Jovel is represented by Patricia N. Syverson and Manfred P. Muecke of Bonnett Fairbourn Friedman & Balint PC.
