Class Action Says Extra-Strength ‘Honey Lemon’ Cepacol Lozenges Contain No Honey, Lemon
Robles v. RB Health (US) LLC
Filed: August 11, 2022 ◆§ 1:22-cv-04743
A class action claims consumers have overpaid for Cepacol Extra-Strength Sore Throat Honey Lemon Lozenges since the product contains neither honey nor lemon.
A proposed class action claims that consumers have overpaid for Cepacol Extra-Strength Sore Throat Honey Lemon Lozenges since the product contains neither honey nor lemon.
The 16-page complaint out of New York says that the purported “#1 Doctor Recommended” brand of throat lozenges is falsely and misleadingly advertised, giving defendant RB Health (US) a leg up in the market at the expense of unsuspecting consumers.
Specifically, the case says, the product’s principal display panel, which includes without qualification the words “honey lemon” and an image of a honey dipper alongside a lemon wedge, leads reasonable consumers to believe that the lozenges contain honey and lemon, when they in fact contain neither.
At most, the Cepacol lozenges are merely honey and lemon flavored, the case stresses.
“However, unlike competitor products, nowhere on the front label does Defendant inform consumers that the product is only flavored to taste like honey and lemon,” the complaint reads. “As such, consumers cannot reasonably know or expect that the Product does not contain honey or lemon.”
The belief that the Cepacol extra-strength lozenges contain honey and lemon is an important purchasing consideration for consumers, the filing relays. The suit shares that it is “well known that consumers value honey as a natural therapeutic ingredient,” in particular for its ability to help soothe and coat a sore throat. Consumers also value the immunity and infection-fighting properties of lemon, the case adds.
According to the lawsuit, the lozenges are mislabeled under FDA regulations given their product label effectively creates the impression that certain inert or inactive ingredients are of greater value than their “true functional role.”
The case looks to represent all New York residents who bought Cepacol Extra-Strength Sore Throat Honey Lemon Lozenges for personal, family or household consumption and not for resale within the applicable statute of limitations period.
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