Elena Nacarino filed a class action complaint against RB Health LLC, alleging the defendant of false and deceptive practices in the marketing and sale of their sore throat lozenges.
According to the complaint, the front label of the product—which contains the words, “honey and lemon” accompanied by a graphic of a lemon slice and a honey dipper—leads the consumer to believe the defendant’s product contains honey and lemon. However, contradictory to its labelling, the defendant’s product doesn’t contain any honey or lemon.
The complaint alleges that consumers paid for the price of the defendant’s product based on the deceptive representations about its ingredients, and if the product were portrayed accurately on its labeling consumers either would not pay or pay less for it.
The complaint states, “…[T]he Product appears to be, at most, honey and lemon flavored … Moreover, consumers reasonably expect honey and lemon in the lozenges in p art because other lemon/honey lozenges actually contain both ingredients.”
The plaintiff seeks the following for relief: certification as a class action, an award of injunctive or equitable relief, an order declaring the defendant violated the claims in the complaint, attorney’s fees, restitution, and awards of damages.
The plaintiff is represented by Custodio & Dubey LLP.
