NEW YORK (Legal Newsline) — Two New York women are suing a homeopathic remedies company and its parent company, alleging they falsely advertise products.
Marie Kaatz and Abigail Gagliardi, individually and for all others similarly situated, filed a class action lawsuit Jan. 12 in U.S. District Court for the Southern District of New York against Hyland's Inc., Standard Homeopathic Company, and John Does 1-25, alleging violations of state consumer protection statutes, breach of express and implied warranties, negligent misrepresentation, and unjust enrichment.
The suit states the defendants manufacture, sell and distribute a number of homeopathic baby products using a marketing and advertising campaign that centers on these products providing "safe and effective," "fast relief," and "natural relief" from a variety of ailments that affect babies.
The suit alleges this campaign is false and misleading because the products do not contain relevant ingredients and because evidence suggests homeopathy does not provide any benefits beyond those of a placebo.
The suit further alleges the defendants' products are not "natural" because they contain various artificial and synthetic ingredients. As a result of the defendants' representations, the plaintiffs allege they and others in the class bought their products for a premium price and therefore have suffered injury.
Kaatz, Gagliardi and others in the class seek more than $5 million from injunctive relief, monetary damages including treble damages, punitive damages, attorney fees and other costs of the suit. They are represented by attorneys Jason P. Sultzer, Joseph Lipari, and Jean M. Sedlak of The Sultzer Law Group in New York City.
U.S. District Court for the Southern District of New York case number 7:16-CV-00237-VB