Certain KinderMed Kids’ Medicines Falsely Advertised as ‘Non-Toxic,’ Class Action Claims

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A proposed class action lawsuit claims KinderFarms has misled consumers by advertising some of its KinderMed children’s medicines as “non-toxic” when the products contain several “inherently toxic substances.”

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According to the 31-page lawsuit, KinderMed Kids’ Pain & Fever, Kids’ Cough & Congestion and Kids’ Nighttime Cold & Cough over-the-counter medicines are each prominently labeled as “non-toxic” to appeal to consumers’ desire for “clean” medications. Despite this, the products contain “toxic” ingredients that include acetaminophen, dextromethorphan or diphenhydramine, each of which can have harmful effects if not taken properly, the case says.

The suit argues that despite being aware that certain substances in the products are toxic, KinderFarms, co-founded by actress Jessica Biel, nevertheless “greenwashes” the medicines by falsely representing that they are safe and non-toxic.

The “non-toxic” claims are found on the products’ side panels and promoted on national television and the defendant’s website and social media platforms, the case says.

Acetaminophen, the only active ingredient in the KinderMed Kids’ Pain & Fever product, is known to be toxic when taken in excess, the complaint relays. In addition, the Kids’ Cough & Congestion medicine contains the active ingredient dextromethorphan, while the Kids’ Nighttime Cold & Cough product contains diphenhydramine—both inherently toxic substances whose abuse can have “dire consequences,” the filing contends.

The Federal Trade Commission stipulates that for a product’s label to lawfully include a “non-toxic” claim, the item must not pose any risk to humans or the environment, the lawsuit reports.

As the suit tells it, given the growing demand for safe and “clean” medications, the alleged misrepresentation of the products is intended to “trick” the average consumer into choosing a KinderFarms medicine over comparable brands.

The plaintiff, a California resident, bought KinderMed Kids’ Pain & Fever in November 2022 for roughly $6.99, the case describes. The woman was led to believe that the product contained no toxic ingredients and would not have paid as much, or purchased it at all, had she known that the medicine was not actually “non-toxic,” the complaint claims.

The lawsuit looks to represent anyone in the United States who purchased for personal use any of the KinderFarms products listed on this page during the applicable statute of limitations period. The suit also aims to cover any California residents who purchased the products for personal use since March 24, 2019.

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