NEW YORK (Legal Newsline) – A New York man and a California woman are suing Ricola over claims it deceptively and falsely advertises certain products.
Timothy Minker, Valerie Liu, and John Does 1-100, individually and for all others similarly situated, filed a class action lawsuit Nov. 17 in the U.S. District Court for the Southern District of New York against Ricola USA, alleging unjust enrichment and violations of the Federal Food Drug & Cosmetic Act and New York's Deceptive Acts or Practices Law, as well as similar laws in all 50 states designed to protect consumers against deceptive, unfair, fraudulent, and unconscionable trade and business practices and false advertising.
The suit claims Ricola engages in a campaign to mislead consumers about the naturalness of its Ricola Herb Drop products, using the product packaging. Ricola displays "Naturally Soothing Relief that Lasts" on the front packaging of its cough suppressant, supplement and herb throat drop products.
The suit states this representation is deceptive because it suggests the products are made entirely of naturally occurring or minimally processed ingredients with no added non-natural or synthetic ingredients, even though all the products contain synthetic ingredients. Such ingredients include citric, ascorbic and malic acids.
As a result, the plaintiffs and others in the class were deceived when deciding to purchase these products at a premium price, according to the suit.
The plaintiffs and others in the class seek compensatory and punitive damages, prejudgment interest, restitution and all other equitable monetary relief, injunctive relief, and attorney fees and costs of the suit. They are represented by attorney C.K. Lee of Lee Litigation Group in New York City.
U.S. District Court for the Southern District of New York Case number 1:15-CV-09014-RA