Little Remedies Gripe Water Colic Relief Claims Class Action

This class action concerns a product made by Prestige Consumer Healthcare, Inc., known as Little Remedies Gripe Water. The complaint for this class action alleges that this product is advertised as a remedy for symptoms associated with colic in babies, but that if that is so, it is a drug that requires approval from the Food and Drug Administration (FDA).

The Nationwide Class for this action is all persons who bought Little Remedies Gripe Water, for personal use, in the US, up to the date the Notice is disseminated in this case. A California Subclass has also been defined for all persons in the above class in California.

Pages 5 and 6 of the complaint show images of two versions of the product, one of which says it “Gently Relieves Stomach Discomfort from Gas, Colic + Hiccups” and the other of which says it “Gently Relieves Stomach Discomfort from Gas, Colic, Hiccups and Fussiness.”

Other statements on the boxes claim the product is a “Dietary Supplement,” that it is “Fast Acting,” and that is a “highly effective herbal supplement which eases stomach discomfort often associated with gas, colic, and hiccups. Our product is based on a time-tested formula from Europe that is over 100 years old.”

But the complaint claims that none of the ingredients—which include fennel seed extract, lemon balm leaf extract, chamomile flower heads extract, and ginger root extract—are known to relieve colic symptoms, and that even if they were known to do this, “the serving size is too miniscule to even theoretically provide any possible relief.”

The complaint sets forth the requirements for makers of dietary supplements, including the following:

• The maker must “have substantiation the statements on the label are truthful and not misleading[.]”
• The label “may not claim or imply that the product can mitigate, treat, cure, or prevent disease[.]”
• It must bear “a prominent disclaimer” that the FDA “has not evaluated the product and that the product is not intended to treat, cure, or prevent disease[.]”
• The maker must “notify the FDA of the labeling claims” within thirty days of the marketing.

The complaint alleges that Prestige did not do any of these things.

According to the complaint, “[t]he only proven treatment of colic is dicyclomine hydrochloride, an anticholinergic drug. However, its use is discouraged due to side[ ]effects.” The complaint also contends that the claims of relief from colic symptoms are druglike claims that cannot legally be made for a dietary supplement.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Druglike Claims, Item Does Not Do What It Is Advertised to Do