The complaint for this class action points out the increasing desire of consumers for over-the-counter (OTC) products with herbal ingredients, including for “external pain-relieving rubs, cough suppressants, muscle relaxants, digestive aids, and oral care.” At issue in this case are cough suppressant and oral anesthetic lozenges made by Ricola USA, Inc. which are labeled as being “Made with Swiss Alpine Herbs.” However, the complaint alleges that the herbs in the Ricola cough drops do not provide any of their therapeutic effect.
Two classes have been defined for this action:
- The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Iowa, Ohio, Montana, Virginia, New Mexico, Arkansas, Maine, Wyoming, North Dakots, and Utah who bought the product during the applicable statutes of limitations.
The first page of the complaint shows an image of the bag for the cough drops, showing images of ten herbs, including peppermint, wild thyme, and lemon balm, along with an amber-colored lozenge. The bag bears the words, “Original Herb Cough Drops,” “Great Tasting,” and “Effective Relief.”
Consumers in the past thirty years have come to look for herbal remedies for many reasons:
- They may be better able to tolerate them.
- Alternative medicine systems, like Ayurveda, that rely heavily on herbs, have become increasingly popular.
- They believe that modern medicine uses too many prescription drugs and want to try to use more natural remedies.
- They believe that herbal remedies are stronger and less harmful than man-made drugs.
The representations about herbal ingredients on the packet label are therefore appealing to many people.
However, the complaint alleges, “Despite the front label representations … the product’s therapeutic effect is not provided by any of the herbs pictured on the front label.” In fact, the complaint alleges, the Drug Facts on the back label identify only one active ingredient: menthol. The complaint defines an active ingredient as “any component intended to provide a pharmacological or direct effect in the mitigations or treatment of any condition.”
Page 4 of the complaint shows an image of the Drug Facts panel, with only menthol listed as the active ingredient and the herbs listed under the heading “Inactive Ingredients.”
The complaint alleges, “It is false, deceptive and misleading to claim or imply that the Product’s inactive ingredients provide a therapeutic benefit.”
The complaint shows images of four competing products which it claims are more honest and do not suggest that their therapeutic effects come from the herbs. For example, Meijer “Natural Herbal Cough Drops” discloses the presence of menthol on the front, with the words, “Menthol Cough Suppressant” and “4.8 mg Menthol per Drop.”
The complaint alleges that the product is sold at a premium price, but that “[t]he value of the Product … was materially less than its value as represented by [Ricola].”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Ricola Cough Drops No Effect from “Alpine Herbs” Complaint
May 8, 2022
The complaint for this class action points out the increasing desire of consumers for over-the-counter (OTC) products with herbal ingredients, including for “external pain-relieving rubs, cough suppressants, muscle relaxants, digestive aids, and oral care.” At issue in this case are cough suppressant and oral anesthetic lozenges made by Ricola USA, Inc. which are labeled as being “Made with Swiss Alpine Herbs.” However, the complaint alleges that the herbs in the Ricola cough drops do not provide any of their therapeutic effect.
Ricola Cough Drops No Effect from “Alpine Herbs” ComplaintCase Event History
Ricola Cough Drops No Effect from “Alpine Herbs” Complaint
May 8, 2022
The complaint for this class action points out the increasing desire of consumers for over-the-counter (OTC) products with herbal ingredients, including for “external pain-relieving rubs, cough suppressants, muscle relaxants, digestive aids, and oral care.” At issue in this case are cough suppressant and oral anesthetic lozenges made by Ricola USA, Inc. which are labeled as being “Made with Swiss Alpine Herbs.” However, the complaint alleges that the herbs in the Ricola cough drops do not provide any of their therapeutic effect.
Ricola Cough Drops No Effect from “Alpine Herbs” Complaint