Certain Sambucol Supplements Do Not Contain ‘Virologist Developed’ Black Elderberry Extract as Advertised, Class Action Says [DIMISSED]
Last Updated on May 17, 2024
Sunderland et al. v. PharmaCare U.S., Inc. et al.
Filed: July 18, 2023 ◆§ 3:23-cv-01318-JES-BGS
A class action lawsuit claims the makers of Sambucol dietary supplements have falsely labeled some of their black elderberry products as containing a unique, proprietary black elderberry extract.
New York General Business Law California Unfair Competition Law California Consumers Legal Remedies Act
California
May 17, 2024 – Sambucol Supplements Black Elderberry Extract Lawsuit Dismissed
The proposed class action lawsuit detailed on this page was dismissed without prejudice on May 10, 2024 due to the court’s lack of personal jurisdiction to handle the litigation.
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In a 10-page order granting PharmaCare Laboratories’ motion to dismiss the case, U.S. District Judge James E. Simmons Jr. found that the California federal court does not have the legal authority to make decisions affecting the Australian company.
Judge Simmons agreed with PharmaCare Laboratories’ argument that it is not subject to specific jurisdiction in California because it does not manufacture, label, advertise or sell Sambucol-branded products within the United States. Instead, the defendant claimed these responsibilities fall to PharmaCare U.S., its American subsidiary.
Although the plaintiffs claimed that specific jurisdiction still exists in this situation because PharmaCare Laboratories “assigned” its subsidiary with the task of carrying out U.S. operations, the judge found that the consumers failed to sufficiently allege the defendant exercises substantial control over PharmaCare U.S.
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A proposed class action lawsuit claims the makers of Sambucol dietary supplements have falsely labeled some of their black elderberry products as containing a unique, proprietary black elderberry extract.
Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.
The 28-page lawsuit says that Australian pharmaceutical company PharmaCare Laboratories Pty Ltd and U.S.-based subsidiary PharmaCare U.S., Inc. have falsely claimed on the labeling of certain Sambucol products that the supplements contain a “unique black elderberry extract” that was “[d]eveloped by a world renowned virologist.” Per the suit, this representation is a reference to Dr. Madeleine Mumcuoglu, who originally trademarked the Sambucol brand—which is now owned by PharmaCare Laboratories—roughly seven years after she patented an elderberry extract formula in 1988 that isolated the lectins found in elderberries for their anti-viral properties.
However, independent testing revealed that the dietary supplements at issue contain no elderberry lectins, meaning that the products do not use Dr. Mumcuoglu’s proprietary formulation as advertised, which was specifically designed to retain lectins, the case alleges.
The representation that the supplements are “virologist developed” is “demonstrably false,” the complaint argues, adding that the products “contain[] simply elderberry juice.”
The filing relays that the products at issue include Sambucol Black Elderberry Original Syrup, Black Elderberry Sugar Free Syrup, Kids Black Elderberry Syrup, Black Elderberry Effervescent Tablets, Black Elderberry Chewable Tablets, Black Elderberry Pastilles, Black Elderberry Daily Immune Drink Powder and Black Elderberry Advanced Immune Syrup.
Though the defendants originally included Dr. Mumcuoglu’s name on some of the product labeling, it has since been removed, the suit shares. The case explains that “there is currently no connection between Dr. Mumcuoglu and [the defendants] or the current version of the Elderberry Products.”
Nevertheless, the companies continue to mislabel the supplements as “virologist developed,” the complaint contends.
As the lawsuit tells it, the pharma companies intentionally misled consumers about the contents of the supplements in an effort to capitalize on the growing demand for black elderberry products.
The lawsuit looks to represent anyone in the United States who purchased any of the products listed on this page for personal use during the applicable statute of limitations period.
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