ALBANY, N.Y. (Legal Newsline) — The maker of Halls lozenges is facing a claim the product labeling is misleading to consumers.
Joe Perugia, individually and on behalf of all others similarly situated, filed a complaint Jan. 20 in the U.S. District Court for the Northern District of New York against Mondelez Global LLC alleging consumer fraud and other claims.
Perugia, according to his class action, purchased the defendant's Halls sugar free honey lemon flavored lozenges at a Walgreens in New York in January 2021 and January 2023. He claims the product's label is misleading because it promises to "relieve coughs and soothe sore throats" when the menthol in the lozenges are "short lived."
He also claims the disclosure on the label is in small print and indicates the product "temporarily relieves" coughs due to a cold and minor sore throat irritation. Perugia further claims the representation that the product "soothes sore throats" is false and misleading because the product's "menthol effects relate to diminishing the sensitivity of cough receptors" and they do not have any "direct soothing action."
He alleges "soothing has not been scientifically demonstrated to have an antitussive effect" and that the labeling does not follow FDA recommendations. Perugia also argues in his complaint that the product has no real honey or lemon as depicted on the label.
Perugia 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 5:23-CV-00069-MAD-TWD