Under the name Zarbee’s Naturals, Zarbee, Inc. makes drug-free children’s cough syrups, such as its Nighttime Cough Syrup + Mucus. However the complaint for this class action alleges that the “natural” representations are false, because the cough syrups contain non-natural active ingredients, such as melatonin, ascorbic acid, citric acid, and zinc.
The class for this action is all those who live in New York and who bought the product during the applicable statutes of limitations.
The first page of the complaint shows an image of the box for the Nighttime Cough Syrup + Mucus, Dark Honey and Ivy Leaf product. At the top are the words, “Zarbee’s Naturals” and images of a bee, an ivy leaf, and a honey jar.
The blurb on the box’s side panel emphasizes the “naturalness” of the ingredients: “Dr. Zak Zarbock, a pediatrician and father, couldn’t find effective chemical-free products to keep the whole family healthy, so he created his own products including handpicked natural ingredients, whenever possible. The result is Zarbee’s Naturals.”
The complaint alleges the company gives consumers the impression that all of the active ingredients in the cough medicine are natural. Certain statements on its website also continue this impression:
- “Powered by nature”
- Zarbee’s Naturals contain “handpicked” and “wholesome’ ingredients that the purchaser will “feel[] good about[.]”
- Unlike other products with similar aims, Zarbee’s Naturals do not contain synthetic, artificial, or highly processed ingredients or additives.
The “natural” claims are highly attractive to consumers, because so many consumers these days look for natural products and avoid chemicals, synthetics, and other additives.
However, the complaint alleges, “Though the Product’s ingredients include Dark Honey, English Ivy Leaf Extract and Grapefruit Seed Extract, it contains non-natural, artificial and synthetic ingredients including melatonin, vitamin C (as ascorbic acid), citric acid and zinc (as zinc gluconate).” The complaint claims that, although consumers might not expect every ingredient to be natural, “they will expect the active ingredients, Melatonin, Vitamin C (as ascorbic acid) and Zinc (as zinc gluconate) to be.”
Although these substances can come from natural sources, the complaint alleges that the ones used in the product do not; instead, it reviews other commercial methods of producing these substances that appear to put them in the synthetic category. It charges that Zarbee’s “misrepresented the Products through affirmative statements, half-truths, and omissions.”
The counts include violations of New York’s General Business Law’s Consumer Protection Statutes, breaches of warranties, negligent misrepresentation, fraud, and unjust enrichment.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Zarbee’s Naturals “Natural” Cough Syrups New York Complaint
February 19, 2021
Under the name Zarbee’s Naturals, Zarbee, Inc. makes drug-free children’s cough syrups, such as its Nighttime Cough Syrup + Mucus. However the complaint for this class action alleges that the “natural” representations are false, because the cough syrups contain non-natural active ingredients, such as melatonin, ascorbic acid, citric acid, and zinc.
Zarbee’s Naturals “Natural” Cough Syrups New York ComplaintCase Event History
Zarbee’s Naturals “Natural” Cough Syrups New York Complaint
February 19, 2021
Under the name Zarbee’s Naturals, Zarbee, Inc. makes drug-free children’s cough syrups, such as its Nighttime Cough Syrup + Mucus. However the complaint for this class action alleges that the “natural” representations are false, because the cough syrups contain non-natural active ingredients, such as melatonin, ascorbic acid, citric acid, and zinc.
Zarbee’s Naturals “Natural” Cough Syrups New York Complaint