Zarbee’s Was Charged With A Class Action Lawsuit For Their Nighttime Cough Syrup
A class action lawsuit was filed against Johnson & Johnson’s unit, Zarbee’s Inc., for allegedly misrepresenting their product.
The lawsuit was filed against Zarbee’s Naturals Nighttime Cough Syrup + Mucus product in February 2021.
The lead plaintiff is a New York resident named Akiela Babb, who filed the case at a U.S. federal court located in the Southern District of New York.
According to the class action lawsuit, Zarbee has deceived its customers into believing that the product is “drug-free” and is made from natural ingredients.
The plaintiff argues that health-conscious consumers pay for products at a higher price than their alternatives for the health, nutritional and environmental benefits of the products.
The plaintiff adds that Zarbee’s has marketed their product as “natural” to lead customers into paying a higher premium for the cough syrup.
The plaintiff complains that if they had been informed correctly, consumers would not be influenced to buy the product or purchase it at a lower price.
The lawsuit filed by Akiela Blabb aims to represent all consumers residing in New York who has purchased the Nighttime Cough Syrup + Mucus manufactured by Zarbee’s Naturals.
The lawsuit aims to compensate affected individuals with a settlement of $5 million.
The lawsuit argues that the labels on the product are misleading for customers.
The plaintiff believes that Zarbee’s has misguided its consumers by omitting vital information that will impact their decision to purchase the product.
The front label declares that the cough syrup is made from natural ingredients, including English ivy leaf extract, dark honey, and grapefruit seed extract.
Meanwhile, the cough syrup’s side label highlights that the product is made from “natural ingredients” and that it is “chemical-free.”
According to the lawsuit, the misleading labels deceive customers into assuming that the cough syrup is made from all-natural ingredients and that active ingredients are also from natural ingredients.
Despite the product’s advertising that it is natural, the ingredient list indicates that it contains synthetic ingredients such as ascorbic acid (derived from vitamin C), citric acid, melatonin, and zinc (zinc gluconate).
The Food and Drug Administration (FDA) has not given a clear definition of “natural” relating to food products.
However, they have established that it should be interpreted similarly to how customers define it – that natural products should not contain any synthetic ingredients or should not be sourced from artificial ingredients that customers would not expect.
The lawsuit complains that customers have not been adequately informed regarding the following artificial ingredients that are present in the cough syrup:
- Citric acid can be obtained from lime, lemon, or orange. However, the citric acid in the cough syrup is from a synthetic source and was produced from the fermentation of fungus.
- Melatonin, a natural hormone for controlling sleep, was also acquired from a synthetic source and was manufactured from chemical synthesis, which involves toxic catalysts and solvents.
- Zinc was also obtained from the artificial process of fermenting Aspergillus and glucose.
The plaintiff alleges that Zarbee’s has violated the following laws:
- Consumer Protection Statutes (New York GBL §§ 349 & 350)
- Breaches of Express Warranty
- Implied Warranty of Merchantability
- Magnusson Moss Warranty Act
Editor’s Note on Zarbee’s Nighttime Syrup Class Action Lawsuit:
This article is published to inform you of the latest class action lawsuit filed against Zarbee’s Inc. for the alleged false advertisement of their nighttime cough syrup.
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