ROCHESTER, N.Y. (Legal Newsline) — Bayer is facing a consumer class action alleging its Alka-Seltzer Plus cold and flu product is deceptively labeled as containing "honey and lemon zest."
Patricia Donadio, individually and on behalf of all others similarly situated, filed a complaint Nov. 21 in the U.S. District Court for the Western District of New York against Bayer Healthcare LLC alleging violation of state consumer fraud acts, breach of express warranty and other claims.
Donadio claims in her class action that Bayer's Alka-Seltzer Plus "Severe Cold & Flu" powder packets products are misleading and labeled so that consumers expect the product to contain honey and lemon ingredients. Specifically, Donadio alleges the package displays the "wedge of fresh lemon and a dripping honey dipper" with the words "honey lemon zest" next to a graphic of a "cup of steaming tea."
She claims neither of the product's active or inactive ingredients are honey or lemon zest. Donadio alleges Bayer's deceptive labeling leads consumers to believe they are purchasing a more natural product with therapeutic benefits and one that contains vitamin C from a lemon that would improve their health and immunity. She claims Bayer's misleading and deceptive labeling also causes consumers to pay more for the product and that Bayer knew the attributes and representations about the product are false.
“We believe this lawsuit has no merit and the company will respond to the allegations in court in due course," Bayer said in a statement. "The product packaging and advertising claims regarding the flavor for Alka-Seltzer Plus Cold & Flu products are accurate and consistent with FDA requirements. Additionally, the safety and effectiveness of its active ingredients are supported by decades of scientific study and real world use.”
Donadio and the class seek monetary relief, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Western District of New York Rochester Division case number 6:22-CV-06521