Class Action Says Luden’s ‘Wild Cherry’ Lozenges Contain No Cherry Ingredients

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A proposed class action alleges Luden’s “Wild Cherry” pectin lozenges are misbranded in that, contrary to what consumers expect, the product contains no cherry ingredients.

According to the nine-page case, manufacturer Prestige Consumer Healthcare Inc. has misleadingly led buyers to expect that its over-the-counter (OTC) lozenges are flavored with cherry ingredients, namely by prominently labeling them as “Wild Cherry” alongside images of two ripe picked cherries. In truth, the product’s ingredients list makes no mention of cherry ingredients, the suit says.

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Although consumers reasonably expect that the product’s flavor is derived from its highlighted ingredient, such as from cherry oil or cherry extract, Luden’s lozenges get their taste from artificial sources, namely “flavor [and] malic acid,” the complaint says. 

Per the suit, Prestige Consumer Healthcare has taken advantage of consumers’ preference for naturally flavored OTC drug products by selling its throat drops at a higher price than it would have without the allegedly misleading labeling. Indeed, the trade journal Perfumer & Flavorist has described the future of artificial flavors as “bleak” since more consumers are avoiding products with synthetic ingredients, which are believed to have adverse health and environmental effects, the filing relays.

Despite being one of the oldest brands of lozenges in the world and having built up “goodwill and recognition,” Luden’s has violated consumer fraud acts in several states, the lawsuit charges.

The lawsuit looks to represent anyone in New York, Texas, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Virginia, Arkansas, South Carolina or Utah who purchased Luden’s “Wild Cherry” pectin lozenges during the applicable statute of limitations period.

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