Facts

Leonidas Jovel filed a class action against Boiron Inc., Boiron USA Inc., and Laboratories Boiron, concerning defendants' homeopathic flu remedies, Oscillococcinum and Children's Oscillo. Christopher Lewert later took the place of Jovel as lead plaintiff in this action.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants mislabeled the Oscillo products by advertising that the products could cure flu-like symptoms when it could not. Plaintiff alleged that the product actually contained water and ultra-diluted amounts of incubated duck hearts and livers placed on sugar pellets. Plaintiffs alleged that the "sugar pills" contained a very tiny dose, if any, of allegedly natural substances that rendered the product ineffective in treating any flu-like symptoms.

Plaintiff alleged that the product was false and misleading, and asserted claims for violations of California's Unfair Competition Law and California's Consumers Legal Remedies Act. Plaintiff then moved to certify the class.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations, and asserted various affirmative defenses.

Result

The court granted Lewert's class certification motion in part. Specifically, the court certified a class of California residents who purchased the product between July 27, 2012 and Aug. 31, 2013, as to both the UCL and CLRA claims. However, the court denied Lewert's motion for class certification in all other respects. On Dec. 1, 2014, the court issued a Clarification Order that indicated that the court's order intended to limit the class period to before defendant Boiron began using the Gallucci disclaimers on the Oscillo products. In September 2013, Boiron began shipping 30-dose Oscillo packages with new disclaimers. The court wanted to limit the class period to make sure that all class members had bought Oscillo packages without the Gallucci disclaimers.

Other Information

FILING DATE: Dec. 29, 2011.