A class action lawsuit has been filed against Kmart, alleging its marketing of the product known as 'Germ Defense' was unfair and deceptive, and designed to mislead the public.
Germ Defense is a similar type of product to Airborne, in that it claims to boost people's immune systems and prevent or cure illness caused by germs. However, the lead plaintiff in the suit, Larry T. Adams, alleges that these claims are unfair and deceptive, and have caused him and the class to incur damages.
The 2-count suit is seeking class action certification, and a final judgement not to exceed $75,000 per plaintiff, and that would provide reimbursement for all allowable costs, and attorney's fees.