Class Action Claims Alka-Seltzer ‘Honey Lemon’ Cold & Flu Medication Contains Neither Honey nor Lemon [DISMISSED]
Last Updated on March 28, 2024
Donadio v. Bayer Healthcare LLC
Filed: November 21, 2022 ◆§ 6:22-cv-06521
A class action alleges Alka-Seltzer Plus Severe Night Cold & Flu Honey Lemon Zest Mix-In Packets are misbranded in that the medication contains neither honey nor lemon.
New York
March 28, 2024 – Alka-Seltzer Plus “Honey Lemon” Cold & Flu Medication Class Action Dismissed by Federal Judge
The proposed class action lawsuit detailed on this page was dismissed by a federal judge on March 18, 2024.
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In a 15-page order issued that day, United States District Judge Elizabeth A. Wolford granted Bayer’s May 2023 motion to dismiss the plaintiff’s amended complaint, which was filed in April of that year.
In the order, Judge Wolford agreed with the defendant’s argument that a reasonable consumer would interpret the phrase “Honey Lemon Zest” as nothing more than a reference to the flavor of the medication.
“The use of ‘Honey Lemon Zest’ as a phrase—or even title—is a clear indication that it refers to the flavor of the product, and not to individual ingredients,” the judge wrote.
The judge also found the plaintiff’s breach of warranty claims to be inadequate, saying that the consumer failed to plausibly allege that the product does not square with the statements on its label.
Judge Wolford pointed out that “the label does not state that the Product contains honey or lemon ingredients beyond a de minimis amount.”
The court officially closed the case on March 19, 2024, and the plaintiff was denied any further chances to amend her complaint.
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A proposed class action alleges Alka-Seltzer Plus Severe Night Cold & Flu Honey Lemon Zest Mix-In Packets are misbranded in that the medication contains neither honey nor lemon.
The 10-page lawsuit alleges manufacturer Bayer Healthcare has misled consumers by labeling its over-the-counter Alka-Seltzer medication as “Honey [and] Lemon Zest,” along with images of a lemon wedge and a honey dipper, since the product’s ingredients list makes no mention of either honey or lemon zest.
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According to the case, Bayer Healthcare’s alleged misrepresentations appeal to a growing demand for more natural and homeopathic over-the-counter cold and cough relief products. The filing asserts that consumers are increasingly turning away from traditional items based on the belief that they cause unwanted side effects and merely suppress symptoms, while natural varieties “work in concert with the body’s healing mechanisms.” Younger buyers are also more likely to pick over-the-counter products “without long and complicated lists of ingredients, including synthetic components and additives,” the complaint argues.
Based on its labeling, the case contends, consumers assume that the Alka-Seltzer product’s honey and lemon zest ingredients provide some therapeutic benefit in addition to the identified active ingredients, such as immune support. The filing relays, however, that little, if any, evidence exists to support the belief that honey and lemon are useful in treating a cold and other symptoms.
“Nevertheless, despite the recent growth in the OTC natural products category, no credible evidence or studies support the notion that either honey or lemon are effective in treating or reducing the severity and duration of colds, coughs, and the other symptoms identified,” the filing states.
Additionally, there is no credible evidence that honey or lemon enhance immunity, the complaint relays.
“As a result of the false and misleading representations, the Product is sold for a premium price of not less than $8.99 for six packets, excluding tax and sales, a higher price than it would otherwise be sold for, absent the misleading representations and omissions,” the suit says.
The lawsuit looks to represent anyone in New York, Iowa, Kansas, New Mexico, Utah, Idaho, North Dakota, West Virginia, Texas, Montana, Mississippi or Arkansas who purchased the Alka-Seltzer Plus Severe Night Cold & Flu Honey Lemon Zest Mix-In Packets during the applicable statute of limitations period.
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