LOS ANGELES (Legal Newsline) - The maker of Vick's is defending its marketing of Vapo products for children, even though they contain the same ingredients as others that do not specify an age group.
Procter & Gamble filed a motion to dismiss a class action lawsuit April 20 in Los Angeles federal court. The case says it is misleading to charge more for "children's" Vapo products.
P&G's motion says the claims are preempted by the federal Food, Drug, and Cosmetic Act, which regulates statements on over-the-counter drugs and cosmetics.
"For some products, the FDA requires different labeling, warnings and instructions for children's products, but the agency did not mandate such requirements for VapoRub and VapoCream," the motion says.
The fact that children's products cost more is a non-judiciable pricing grievance that can't be pursued under California consumer protection laws, the motion adds.
"(U)nder Plaintiff's argument, no consumer product could be marketed to different age groups or users absent some material difference in the products," the motion says. "Courts in this district, however, have dismissed similar claims as implausible."
P&G points to a 2021 ruling that said identical products can be marketed to different audiences, including adults and children.
"(T)he labels make clear that the two versions of the Vapo products are identical..." the motion says.
Gabriela Mendoza filed the case in February. She is represented by The Law Offices of Ronald A. Marron in San Diego.