This class action brings suit against Boiron, Inc., alleging that its Arnicare homeopathic products do not provide the pain relief they are purported to provide. The complaint alleges that neither the active ingredient nor the homeopathic system for creating medicines are capable of providing relief from pain. It contends that the company makes druglike claims for the products that would require them to be approved by the Food and Drug Administration (FDA).
The class for this action is all people who bought any Arnicare product that represents it will provide “pain relief,” during the applicable statute of limitations. The products at issue include the following:
- Arnicare Gel
- Arnicare Cream
- Arnicare Meltaway Tablets
- Arnicare Tablets
- Arnicare Roll-on
- Arnicare Ointment
Pages 5-6 of the complaint show images of the products, all of which prominently bear the words, “Pain Relief,” “Muscle Pain & Stiffness,” Swelling from Injuries,” and “Bruising.”
The complaint alleges that the products do not provide pain relief for two reasons.
First, the active ingredient is supposedly arnica montana, but the complaint alleges, “There is no definitive that Arnica is effective for any purpose. … Numerous scientific studies, performed by independent researchers and published in reputable medical journals, have been conducted on arnica, and they have demonstrated that arnica does not provide pain relief, and is not effective in the treatment or improvement of pain.”
The second reason, the complaint alleges, is that “homeopathy is a sham pseudoscience and the amounts of arnica montana in the products are far too small to have any physiological effect.”
In homeopathy, substances are diluted to an extreme extent. The complaint alleges that homeopaths believe “that water has a memory that allows homeopathic preparations to work without containing the original substance.” However, the complaint claims, in modern medical science, “the notion that dilutions can maintain an imprint of substances previously dissolved in them is false.”
The complaint quotes from something called the Homeopathy Comparative Study as concluding that “when analyses were restricted to large trials of higher quality there were no convincing evidence that homeopathy was superior to placebo.”
The complaint alleges that the Arnicare products are illegal to sell because they are offered as drugs but have not been approved by the FDA.
The complaint claims that “the FDA must approve new drugs before they can be sold on the market. Only then can a manufacturer make any claims that their product can treat, prevent, or cure a disease.” Exceptions are made for certain supplements, but those products must carry a specific FDA disclaimer on both their product labels and their advertising.
The counts include breaches of warranties and false advertising, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Boiron Arnicare “Pain Relief” Products Homeopathic Remedy Complaint
January 4, 2022
This class action brings suit against Boiron, Inc., alleging that its Arnicare homeopathic products do not provide the pain relief they are purported to provide. The complaint alleges that neither the active ingredient nor the homeopathic system for creating medicines are capable of providing relief from pain. It contends that the company makes druglike claims for the products that would require them to be approved by the Food and Drug Administration (FDA).
Boiron Arnicare “Pain Relief” Products Homeopathic Remedy ComplaintCase Event History
Boiron Arnicare “Pain Relief” Products Homeopathic Remedy Complaint
January 4, 2022
This class action brings suit against Boiron, Inc., alleging that its Arnicare homeopathic products do not provide the pain relief they are purported to provide. The complaint alleges that neither the active ingredient nor the homeopathic system for creating medicines are capable of providing relief from pain. It contends that the company makes druglike claims for the products that would require them to be approved by the Food and Drug Administration (FDA).
Boiron Arnicare “Pain Relief” Products Homeopathic Remedy Complaint