ALBANY, N.Y. (Legal Newsline) — A consumer class action lawsuit alleges the maker of Luden's wild cherry lozenges falsely led consumers to believe the product contains real cherry ingredients.
John Solak, individually and on behalf of all others similarly situated, filed a complaint Dec. 16 in the U.S. District Court for the Northern District of New York against Prestige Consumer Healthcare Inc., alleging breach of express warranty, violation of state consumer fraud acts and other claims.
Solak, according to his class action, purchased the defendant's Luden's "wild cherry" pectin lozenges between 2020 and 2022. He alleges that the lozenges do not have any cherry ingredients despite the front package showing a picture of "two ripe picked cherries" and that consumers expect the taste to come from cherry ingredients and not artificial cherry flavoring.
Solak claims that based on laboratory testing, the lozenges' cherry taste comes from malic acid and that the product labeling misleads consumers. He further claims the defendants sell the lozenges at a "premium price" and fraudulently misrepresent that the product's cherry taste comes from cherry ingredients.
Solak alleges the defendants have described the product so consumers are led to believe the cherry taste in the lozenges was not from artificial ingredients. He claims the defendant's actions constitute violation of New York General Business Law and state consumer fraud acts.
Solak and the class seek monetary relief, interest, 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 Northern District of New York case number 3:22-CV-01357