Facts

Kim Allen and a group of other consumers brought a nationwide class action lawsuit against manufacturer and seller of homeopathic products Hyland's Inc. and its parent company Standard Homeopathic Co. regarding the advertising claims of 12 of defendants' products. The products included Calms Forte, Teething Tablets, Migraine Headache Relief, ClearAc, Poison Ivy/Oak Tablets, Colic Tablets, Leg Cramps with Quinine, Leg Cramps, Defend Cough & Cold, Defend Cold & Cough Night, Hyland's Cough, and Seasonal Allergy Relief.

PLAINTIFFS CONTENTIONS:
Allen claimed that she purchased certain homeopathic remedies, which were advertised as providing effective relief for various ailments, but that the products did not work. Other plaintiffs alleged similar experiences. They contended that defendants falsely and deceptively advertised the products as effective for various ailments when they were nothing more than placebos or sugar pills. They alleged, among other claims, breach of express warranty and violation of the California Consumers Legal Remedies Act.

Damages

Plaintiffs sought $255 million in damages.

Result

The jury returned a defense verdict on plaintiffs' breach of warranty and California Consumers Legal Remedies Act claims for 10 of the products. The court will determine equitable claims and remedies for alleged violations of the Unfair Competition Law and False Advertising Law.

Other Information

FILING DATE: Feb. 9, 2012.