SPRINGFIELD, Ill. (Legal Newsline) - The woman who brought a class action over Ricola cough drops was happy with the product for 20 years until she met a lawyer through an ad on Facebook.
Ricola opens its motion for summary judgment, filed Nov. 17, with this point, as it fights claims it misled consumers into thinking its signature Swiss Alpine herbs work as a cough suppressant.
Lacie Davis' lawsuit, brought by lawyer Spencer Sheehan, survived a motion to dismiss, but the company says they can no longer rely on allegations and must provide actual proof of their claims.
Ricola discloses menthol is the active ingredient on the back label, but the lawsuit says buyers would think Ricola lozenges are different from others because they boast to have Alpine Swiss herbs. An herb mixture is listed as an inactive ingredient.
Ricola has deposed Davis and is turning her words against her in Illinois federal court.
"Before filing this lawsuit, Plaintiff purchased the product for 'over 20 years,'" Ricola wrote, citing her testimony. "Over that time period, she purchased the product approximately 600 times and never had a problem with the product.
"In early 2022, Plaintiff was scrolling through Facebook and saw an advertisement from her attorney in this case seeking named plaintiffs for a lawsuit against Ricola."
Sheehan is a prolific filer of class actions that allege consumer deception, though his theories have angered defendants and judges at times.
Ricola attacks Sheehan's case with expert testimony that says the menthol in the lozenges actually does come from herbs.
"Despite filing this lawsuit, which alleges that the menthol in the product is non-herbal, Plaintiff has never 'actually looked it up to see if it is or not,'" Ricola wrote.
Sheehan responded on Dec. 9 with allegations that peppermint is not the source of the active ingredient and that the menthol used comes from India, not Switzerland.
"Although each of the various whole plants depicted on the product's front label can be considered an 'herb,' and thusly an 'herbal ingredient,' the same cannot be said for menthol, which is a 'chemical naturally found in peppermint and other mint plants' that 'can also be made in a lab,'" he wrote.
"As menthol is a fraction of the peppermint and cornmint plants, it is false and misleading to assert this is an 'herbal ingredient.'"