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ARTICLE · 19 MAY 2022

Another Piece Of The "Made With" Puzzle

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Earlier this month, consumers brought a putative class action against Ricola USA, Inc., the makers of the popular cough drop brand.

United StatesConsumer Protection
Jordyn Eisenpress
Jordyn Eisenpress
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Earlier this month, consumers brought a putative class action against Ricola USA, Inc., the makers of the popular cough drop brand. The suit, brought in the Central District of Illinois, surrounds Ricola's labeling of its "Original Herb" cough drops. 

The packaging includes representations such as "made with Swiss alpine herbs," "original herb cough drops," "great tasting, effective relief," as well as imagery of a variety of different herbs (peppermint, elder, wild thyme, horehound, hyssop, mallow, sage, linden flowers, lemon balm and thyme) and a picture of an amber lozenge. 

Plaintiffs allege that the product "conveys the message that its herbal ingredients are responsible for the cough suppressant and oral anesthetic properties it provides" when in fact, the product's active ingredient is menthol (which is listed as such on the ingredients label located on the back of the packaging, whereas the herbs are listed as inactive ingredients). Interestingly,

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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