Class Action Claims Vicks VapoCOOL ‘Honey Lemon Chill’ Drops Lack Lemon, Demulcents

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A proposed class action alleges Vicks VapoCOOL Severe “Honey Lemon Chill” Medicated Lozenges are misbranded since they contain neither lemon nor inflammation-relieving ingredients.

The nine-page lawsuit alleges Vicks manufacturer The Procter & Gamble Company has misled consumers by labeling the menthol lozenges as “Honey Lemon Chill” alongside a depiction of a lemon wedge, even though the product’s ingredients list makes no mention of lemon.

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“Consumers viewing ‘Honey Lemon Chill’ understand this statement as referring to ingredients in the Product, with ‘chill’ referring to menthol,” the case states.

Although honey and menthol are listed as ingredients, consumers also reasonably expect the presence of lemon, as it’s “understood as a source of vitamin C and believed to promote immunity,” the complaint argues.

Additionally, the claim that the product “Soothes Sore Throat” signals to consumers that the lozenges contain demulcent ingredients, which are “agents that soothe and relieve irritation of inflamed or abraded surfaces such as mucous membranes.” However, the filing contends that the menthol lozenges contain no ingredients considered demulcents by the FDA, such as elm bark, gelatin, glycerin, and pectin.

The suit argues that because the menthol lozenges are made with sugar ingredients like corn syrup and sucrose that can soothe the throat like demulcents, the product should be labeled more accurately as an “[o]ral anesthetic formulated in a soothing sugar base.” 

According to the filing, the Procter & Gamble Company has been able to sell its Vicks drops at higher prices than it would have in the absence of the alleged misrepresentations.

The lawsuit looks to represent anyone in New York, Kansas, Utah, Idaho, North Dakota, Virginia, Texas, Montana, Mississippi or Arkansas who purchased the Vicks VapoCOOL Severe “Honey Lemon Chill” Medicated Lozenges during the applicable statute of limitations period.

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