The Proctor & Gamble Company makes lozenges to soothe the throat under the Vicks VapoCool brand. One type that it promotes for “severe” conditions is called Honey Lemon Chill, but the complaint for this class action alleges the product is falsely advertised and labeled, because it does not contain any lemon, among other things.
Two classes have been defined for this action:
- The New York Class is all persons in New York State who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Kansas, Utah, Idaho, North Dakota, Virginia, Texas, Montana, Mississippi, and Arkansas who bought the product during the applicable statutes of limitations.
The front page of the complaint displays an image of the packaging for the product and the front label. The bag shows the words “Honey Lemon Chill,” “Max Strength,” “Menthol,” “Oral Anesthetic,” for “Severe” conditions that “Soothes Sore Throat” and “Starts Working in Seconds!” Also shown is an image of a honey dipper dripping with honey, and below it a lozenge leaning against a lemon wedge, on a yellow background. Vapor appears to be coming from the lozenge into the nose and mouth of a silhouette of a face in profile.
But the complaint alleges that these representations are not accurate and that the product is not properly labeled.
Page 2 of the complaint shows images of the Drug Facts panel and the Inactive Ingredients panel. The Drug Facts panel shows the active ingredient in the product to be menthol, an oral anesthetic. The Inactive Ingredients panel lists beta carotene, corn syrup, flavor, honey sucrose, and water.
No lemon is listed on either panel, despite the product’s name and the image of a piece of lemon on the front. The complaint alleges, “Consumers viewing the lemon wedge will expect lemon ingredients, understood as a source of vitamin C and believed to promote” immune health.
The complaint also claims that the words “Soothes sore throats” communicates to consumers that the “product will contain demulcent ingredients.” It defines demulcents as “bland, inert agents that soothe and relieve irritation of inflamed or abraded surfaces such as mucous membranes.”
The Food and Drug Administration (FDA), the complaint alleges, has approved a limited number of ingredients as demulcents, including elm mark, gelatin, glycerin, and pectin.
“While sugar ingredients, such as the Product’s corn syrup and sucrose, can function as demulcents,” the complaint contends, “the label should identify the Product as ‘Oral anesthetic formulated in a soothing sugar base.’” It claims that the “false and misleading representations” on the front of the product allow it to be sold at a higher price than consumers would be willing to pay otherwise.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Vicks VapoCool “Honey Lemon Chill” Lozenge Labeling Complaint
November 26, 2022
The Proctor & Gamble Company makes lozenges to soothe the throat under the Vicks VapoCool brand. One type that it promotes for “severe” conditions is called Honey Lemon Chill, but the complaint for this class action alleges the product is falsely advertised and labeled, because it does not contain any lemon, among other things.
Vicks VapoCool “Honey Lemon Chill” Lozenge Labeling ComplaintCase Event History
Vicks VapoCool “Honey Lemon Chill” Lozenge Labeling Complaint
November 26, 2022
The Proctor & Gamble Company makes lozenges to soothe the throat under the Vicks VapoCool brand. One type that it promotes for “severe” conditions is called Honey Lemon Chill, but the complaint for this class action alleges the product is falsely advertised and labeled, because it does not contain any lemon, among other things.
Vicks VapoCool “Honey Lemon Chill” Lozenge Labeling Complaint