Facts

Leonidas Jovel filed a class action against Boiron Inc., based on allegations of misleading labeling.

PLAINTIFF'S CONTENTIONS:
Boiron manufactures and distributes Oscillococcinum and Children's Oscillococcinum, a homeopathic over-the-counter drug. The products' labels stated that they temporarily relieve flu-like symptoms, and that their active ingredients worked to reduce the duration and severity of those symptoms.

Jovel argued that the labeling was misleading because Oscillo's ingredients did not actually work, and even if Oscillo's active ingredient was effective, it was so diluted in Oscillo that it would lose any efficacy. Jovel sought class certification, seeking to represent a class based on Oscillo's misleading product labels.

DEFENDANT'S CONTENTIONS:
Boiron opposed class certification, arguing that that clinical evidence supported the label claims of the drugs' efficacy, and that neither Jovel nor counsel were adequate to represent the class. Boiron also requested an award of sanctions against Jovel and his counsel on the grounds of vexatious litigation for filing a frivolous class action claim.

Result

The court denied Jovel's motion for class certification. It also denied Boiron's motion for sanctions.