A federal court in California has reportedly granted preliminary approval to the settlement of class claims involving allegedly false ads for a Boiron Inc. homeopathic cold remedy. Delarosa v. Boiron USA Inc., No. 10-1569 (U.S. Dist. Ct., C.D. Cal., order entered May 31, 2013).
California residents who purchased Children’s Coldcalm® for personal use since August 2006 may receive refunds for the full purchase price of $12.99 per purchase with a receipt or product packaging. Those without proof of purchase are capped at recovering $16 per household. The agreement will resolve claims that Boiron misled consumers by advertising its product as an effective cold remedy despite its alleged inability to relieve cold symptoms. The deal also includes product label and packaging modification requirements and $750,000 in attorney’s fees and costs.
According to a news source, several other Children’s Coldcalm® class actions that settled for $12 million raised questions about collusion between the parties. Counsel for the plaintiffs in Delarosa, however, said that “this case is the antithesis of a collusive case.” See Law360, May 31, 2013.