San Bernardino Judge finds Homeopathic Drug Labelling is not false or misleading

San Bernardino Judge finds Homeopathic Drug Labelling is not false or misleading

Posted in Consumer class actions

"On November 25, 2014, just in time for Thanksgiving, Judge Bryan Foster in San Bernardino Superior Court tentatively entered a judgment in favor of Green Pharmaceuticals, following a week-long bench trial.

The case, filed on June 28, 2011 by plaintiff Rachel Rosendez, brought claims against Green Pharmaceuticals stemming from its manufacture and sale of the product SnoreStop. Plaintiff argued that the over-the-counter homeopathic product was not effective in stopping snoring, based on both her own experience and a lack of scientific evidence demonstrating the effectiveness of its ingredients."

"Green countered with testimony that consumers are satisfied with the product, and expert testimony from a homeopathic practitioner who discussed the theory of homeopathy and his opinion about the effectiveness of homeopathic remedies."

 "Judge Foster nevertheless found that Plaintiff failed to meet her burden to demonstrate that statements that SnoreStop effectively treated snoring were false and/or misleading."

"This makes sense, as private plaintiffs are not allowed to bring so-called “lack of substantiation” claims, i.e., arguing that a product cannot be marketed as effective because a manufacturer lacks adequate evidence that it works. “Lack of substantiation” claims may be brought by the Attorney general, or any city or district attorney, but are off limits to private plaintiffs, who must present evidence of actual falsity in order to prevail on their claims."  Read More: