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Lozenge Ad Case Filed in Calif. Court

A doctor working on a laptop.

Female doctor or practitioner using calculator and work on laptop computer with medical stethoscope and notebookon the desk at clinic or hospital. Medical healthcare costs ,fees and revenue concept.

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.

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