On Sunday, Lacie Davis filed a class action lawsuit in the Central District of Illinois against Ricola USA, Inc. alleging consumer fraud and deception.
The complaint states that Ricola is a New Jersey Corporation that manufactures, labels, markets and sells cough suppressant and oral anesthetic lozenges. Additionally, the complaint states that Lacie Davis is an Illinois resident who purchased the Product on several occasions.
The complaint further states that the Ricola Product is labeled and packaged with representations stating “Made With Swiss Alpine Herbs,” “Cough Suppressant,” “Oral Anesthetic,” “Effective Relief” and pictures of ten herbs. Despite these representations, the complaint alleges that the Product’s therapeutic effect is not provided by any of the herbs pictured on the front label. According to the complaint, the only active ingredient listed on the Product’s Drug Facts is menthol, and the herbs promoted on the front label are exclusively inactive ingredients according to the drug facts.
The complaint alleges that the named plaintiff, like other reasonable consumers, purchased the Product under the belief that its effectiveness was derived from its herbal ingredients. The plaintiffs argue that the Product’s labeling is false and misleading which resulted in the plaintiffs paying a premium and receiving a product that is less than its value as represented by Ricola. Further, the plaintiffs argue that they would not have purchased the Product or paid less for the Product had they been aware of its true nature.
Accordingly, the plaintiffs filed the present suit alleging violations of Illinois Consumer Fraud and Deceptive Business Practices Act, State Consumer Fraud Acts, breach of the Express Warranty of Merchantability and Fitness for a Particular Purpose, negligent misrepresentation, fraud and unjust enrichment. The plaintiffs seek class certification, declaratory and injunctive relief, monetary damages, attorney’s fees and costs. The plaintiffs are represented by Sheehan & Associates, P.C.
