Robitussin Naturals ‘Honey & Ivy Leaf’ Cough Relief Is Falsely Advertised, Class Action Claims
Batey v. GSK Consumer Health, Inc.
Filed: February 18, 2023 ◆§ 4:23-cv-04031
A class action claims GSK Consumer Health has falsely advertised its Robitussin Naturals “Honey & Ivy Leaf” Cough Relief as free of artificial preservatives while misrepresenting the product’s effectiveness.
Illinois
A proposed class action claims GSK Consumer Health has falsely advertised its Robitussin Naturals “Honey & Ivy Leaf” Cough Relief as free of artificial preservatives while misrepresenting the product’s effectiveness.
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The 16-page suit alleges the cough medicine is mislabeled as “Free from artificial colors, flavors & preservatives” given that the product contains citric acid, an artificial ingredient that functions as a preservative. According to the case, citric acid production requires “multiple chemical reactions, synthetic mineral salts and synthetic reagents,” and the ingredient is used to prevent the cough syrup from spoiling.
Per the suit, consumers reasonably expect that the product can effectively treat an upper respiratory infection, the cause of the common cough, because its label claims the cough syrup provides “cough relief,” and because it is shelved in proximity to traditional over-the-counter (OTC) cough-and-cold products. Moreover, the Robitussin brand has been associated with OTC cough medicines for several decades, the case says.
However, the complaint relays that the cough syrup is not a traditional OTC cough remedy. Instead, the product is categorized as a “dietary supplement,” which the U.S. Food and Drug Administration (FDA) prohibits from being sold to treat or prevent disease or disease symptoms, the suit says.
“‘Cough relief’ claims are only authorized for specific OTC products, because the FDA approval process is intended to prevent products from making claims that they are unable to meet,” the filing reads. “This protects consumers from being misled by ineffective products, instead of seeking relief through prescription drugs or approved OTC medications.”
The lawsuit also says that there is no credible evidence that honey and ivy leaf extract provide cough relief, particularly because these ingredients are unable to act on the areas causing coughs.
Per the complaint, GSK Consumer Health has sought to capitalize on the rising demand for natural, preservative-free OTC cough products. The plaintiff, an Illinois consumer, says she would have paid less for the cough syrup, or would not have purchased it at all, had she known it was mispresented.
The lawsuit looks to cover all persons in Illinois, Arkansas, Montana, Wyoming, Utah, Idaho and Alaska who bought Robitussin Naturals “Honey & Ivy Leaf” Cough Relief within the applicable statute of limitations period.
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