Ricola Throat Drops Falsely Imply Echinacea, Green Tea Are Responsible for Cough Relief, Class Action Charges [DISMISSED]
Last Updated on April 30, 2024
Singo v. Ricola USA, Inc.
Filed: December 7, 2022 ◆§ 7:22-cv-10369
Class action claims Ricola misleadingly implies its throat drops' cough relief is due to the presence of green tea and echinacea rather than menthol.
New York
April 30, 2024 – Ricola Throat Drops Lawsuit Dismissed
The proposed class action lawsuit detailed on this page was dismissed in February 2024.
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In a 12-page order filed on January 18 of this year, U.S. District Judge Nelson S. Roman granted Ricola’s motion to dismiss the case after finding that the plaintiff’s state law claims were preempted by the Federal Food, Drug, and Cosmetic Act (FDCA).
Judge Roman noted that the plaintiff’s state law claims sought to impose labeling requirements inconsistent with those imposed by the FDCA, which is prohibited under the federal law’s preemption clause.
“Allowing [the plaintiff] to do so would undermine the regulations and monographs promulgated by the FDA, which provides specific rules and requirements for the proper labeling of OTC drug under the FDCA,” the judge wrote.
Judge Roman gave the plaintiff an opportunity to amend their complaint, but the consumer filed a notice of voluntary dismissal on February 16. The court officially closed the case on February 22, 2024.
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Ricola faces a proposed class action that claims the company has misleadingly advertised its throat drops by implying the cough suppressant properties are due to the presence of green tea and echinacea. However, as the case states, neither botanical is an active ingredient and the throat drops are, in truth, menthol lozenges.
According to the 11-page lawsuit, consumers are led to believe the product’s cough relief benefit is directly related to these botanical ingredients because of the front label image of an echinacea flower and green throat drop. The complaint argues, however, that “[n]either echinacea and [sic] green tea is responsible for the Product’s cough suppressant abilities, disclosed on the back panel Drug Facts which identify the active ingredient as menthol.” Both green tea and echinacea are in fact listed as inactive ingredients while menthol is not even mentioned on the throat drops’ front label, the case says.
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Per the suit, the product’s label is deceptive because it “capitalize[s] on mistaken consumer beliefs that echinacea and green tea are capable of having the therapeutic effects indicated, when this is false.” As the case contends, there is no conclusive relationship between these natural ingredients and cough suppression. Moreover, by promoting the product in this way, Ricola gains an advantage over competitors and is able to sell its menthol lozenges at a premium price, the suit alleges.
According to the case, consumers are willing to pay a premium for Ricola’s throat drops due to the rising popularity of natural or plant-based over-the-counter drugs.
The filing argues that products like this are appealing because consumers are becoming more interested in dodging synthetic or intimidating chemical ingredients. Both echinacea and green tea are linked to traditional therapeutic practices used in cultures all over the world, the suit says.
The lawsuit looks to represent anyone in New York, Texas, North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Virginia, Arkansas, South Carolina, and Utah who purchased Ricola’s “Green Tea With Echinacea” throat drops within the applicable statute of limitations period.
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