Beekeeper’s Naturals Lawsuit Claims Kids Propolis Cough Syrup Is Ineffective

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action lawsuit claims that Beekeeper’s Naturals Kids Propolis Cough Syrup is misleadingly advertised as a safe and effective treatment for coughs and sore throats.

Get class action lawsuit and class action settlement news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter.

The 28-page lawsuit contends that although Beekeeper’s Naturals aggressively markets the “cough syrup” as an “immune supporting elixir” that “promotes recovery,” these and other efficacy claims are prohibited under the federal Food, Drug, and Cosmetic Act (FDCA), given that they “suggest the product has medical benefits akin to prescription cough medicine.”

Per the suit, the defendant’s claims that the cough syrup can, for instance, support the immune system and “help fight germs” are misleading in that no reliable clinical research has shown that propolis, produced by bees in the construction and maintenance of their hives, is effective or safe.

Overall, Beekeeper’s Naturals has not received approval from the Food and Drug Administration to market and distribute the propolis cough syrup, the lawsuit says, categorizing the product as an unapproved new drug.

Beekeeper’s Naturals repeatedly asserts that propolis, or “bee glue,” the main ingredient in its Kids Propolis Cough Syrup, can impart real medical benefits, much like a prescription cough medicine, the case says. Packaging for the cough syrup bears representations that the product “ease[s] symptoms and improve[s] overall recovery” for children with coughs and sore throats, and can even “combat free radical damage in the body,” even though, according to the case, the Kids Propolis Cough Syrup has never been reviewed or approved by the FDA.

The class action lawsuit alleges that the defendant’s claims about the purported medical benefits of the Kids Propolis Cough Syrup qualify the product as an illegal new drug according to the FDA, which considers as a “drug” any item “intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals.”

According to the case, FDA guidelines expressly prohibit the introduction of new drugs without approval from the agency, which requires extensive efficacy and safety testing.

Importantly, propolis, an organic material made of a combination of beeswax and bee saliva, lacks a “consistent and repeatable” chemical makeup that can be tested for quality, safety, and efficacy, as required by FDA guidelines, the case emphasizes.

Per the filing, the exact chemical compounds found in propolis differ based on the location of the bees and their hive, as well as the bees’ diet. As a naturally occurring material, the suit says, it is “challenging” to identify propolis’ complete chemical makeup, and even if one sample of the ingredient conveys a positive health effect, the case says that the findings cannot be generalized for all propolis due to this chemical variability.

As a result, it is “impossible” to establish the efficacy or safety of propolis in a new drug, the suit says.

“This variability alone disqualifies propolis, absent additional standardization processes, from being accurately and fairly marketed as a health remedy,” the complaint says.

Moreover, the false advertising lawsuit states that propolis may contain “dangerous contaminants,” including pesticide residue and heavy metals. While product packaging highlights that the propolis in the cough syrup comes from “remote apiaries located far from harmful chemicals,” the lawsuit says that this is deceptive, as bee products can contain toxins, even when produced in “remote and pristinely uncontaminated” environments, due to bees’ varied diets.

The lawsuit further cites the Cleveland Clinic, which advises in an article published on its website that, “[w]ith plenty of reasons not to try propolis—including negative side effects and possible interactions with medications—this is one trend better left behind.”

Had the plaintiff known that the Kids Propolis Cough Syrup was unsafe and in violation of FDA regulations, the consumer would not have purchased it, the case says. The suit contends that the cough syrup is worth nothing because it is illegal, unsafe, and ineffective.

The Beekeeper’s Naturals class action lawsuit looks to cover all United States residents who purchased the Kids Propolis Cough Syrup for their own personal or household use, and not for resale, from January 1, 2019 to the present.

Looking for current class action lawsuits to join? Check out ClassAction.org’s class action lawsuit list.