Homeopathic products and remedies have each received a significant amount of criticism in recent years. While practitioners of homeopathic medicine use highly questionable techniques to rid patients of undesired symptoms, scientific evidence has found homeopathy to be no more effective than a placebo. Compounding the already ambiguous situation surrounding homeopathic remedies, is a recent influx of class action lawsuits filed against the makers of homeopathic products. At the center of each argument are plaintiffs alleging that the homeopathic products they used failed to address their symptoms.
Homeopathy is a system of medicine which involves treating the individual with highly diluted substances, given mainly in tablet form, with the aim of triggering the body’s natural system of healing. Based on their specific symptoms, a homeopath will match the most appropriate medicine to each patient. However, many healthcare professionals believe these methods to be unfounded and lack weight in terms of treatment. Furthermore, ambiguous allegations made on homeopathic products have become the topic of several recent lawsuits.
In the most recent lawsuit, the U.S. District Court, Southern District of California, has given preliminary approval for a settlement agreement in a class action lawsuit filed against Boiron Inc. Should both sides reach an agreement, consumers who purchased certain Boiron products may be entitled to compensation bordering on approximately $5 million. Those products include, but are not limited to Oscillo, Arnicare, Chestal and Coldcalm. Boiron also agreed to change its labeling and add a disclaimer, as well as provide additional information on homeopathic dilution to its customers.
The suit, Gallucci v. Boiron, Inc., alleged Boiron made false claims its homeopathic products could effectively treat ailments such as the flu, arthritis, sore joints, join pain, aches, fever, coughs, insomnia or sleeplessness. However, the suit also attacks homeopathy in general, arguing the active ingredients in Boiron’s products are so diluted that they are “effectively non-existent” and are akin to placebo or sugar pills.
Further compounding the level of criticism aimed at homeopathic remedies are two additional class action lawsuits. Each of the two lawsuits, both filed in California, were filed against Hyland’s and Standard Homeopathy. According to the allegations, Hyland’s and Standard Homeopathy marketed their homeopathic products as having health benefits while knowing the products had no active ingredients in amount sufficient enough to cause any beneficial actions.
The suits also accuse the defendants of violating the Consumer Legal Remedies Act, the Unfair Competition Law and the Unfair Advertising Law, as well as breach of express warranty, implied warranty of merchantability, and money had and received, money paid and unjust enrichment.
No more than a couple of months ago, members from the U.S. Food and drug Administration (FDA) issued a warning letter to Schwabe North America, another homeopathic company. The letter addressed claims and formulations as they pertain to the company’s line of products. According to the FDA, Schwabe North America marketed its products illegally because they combined approved homeopathy ingredients listed in the Homeopathic Pharmacopeia of the United States (HPUS) with non-approved, non-HPUS-listed ingredients. Also mentioned in the warning were several drug claim violations.
Do I Have a Homeopathic Lawsuit?
The trial lawyers at The Senators (Ret.) Firm, LLP have decades of experience navigating through complex legislative and regulatory issues and litigating high stakes cases all over the nation. Our law firm focuses on the representation of plaintiffs in homeopathic lawsuits. We are currently accepting new cases in all 50 states.
If you or a loved one has been injured or mislead by a homeopathic remedy, you may be entitled to financial compensation. For a free case review, please click the link below or call toll free 24 hrs/day 1-800-773-0849.