A class action lawsuit claims Kramer Laboratories has misled consumers by marketing its Fungi-Nail products as a treatment for nail fungus, even though the medications are in fact ineffective against fungal infections.
A proposed class action lawsuit claims Kramer Laboratories has misled consumers by marketing its Fungi-Nail products as a treatment for nail fungus, even though the medications are in fact ineffective against fungal infections.
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The 27-page lawsuit says defendant Arcadia Consumer Healthcare, which does business as Kramer Laboratories, ubiquitously advertises on its website and the items’ packaging that Fungi-Nail products contain “Maximum Strength Medicine” that is “Clinically Proven to Cure and Prevent Fungal Infections,” “Stop Itching & Burning” and “Restore Skin Health.” The front label, which features an image of an infected toenail, plainly states that the product is an “ANTIFUNGAL LIQUID,” the suit relays.
Despite these representations, the “supposed medication” does not cure or prevent fungal infections—a fact which has apparently landed Kramer Labs in hot water with consumers and the Federal Trade Commission, to which the defendant’s claims were referred by the National Advertising Division in 2018, the complaint shares.
The case contends that even the name of the product is misleading, as consumers “will immediately assume [Fungi-Nail] is a nail fungus treatment.”
The plaintiff, a California resident, would not have purchased a Fungi-Nail product, or paid as much for it, had he known it was misbranded and unable to fight nail fungus as he was led to believe, the filing charges.
The lawsuit looks to represent anyone in the United States who purchased a Fungi-Nail product.
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