Homeopathy on Trial?

Posted By elissa on Aug 8, 2011 | 2 comments

Not yet, but it could happen. Via the “Journal of Are You Fucking Kidding” (JAYFK), comes an update on a class-action lawsuit in California against Boiron, one of the largest manufacturers of homeopathic products in the world.

Why? Because one of its products, “Children’s Coldcalm,” is “… nothing more than a sugar tablet.”

Defendants are defrauding Californians by claiming that a tablet called “Children’s Coldcalm” pellets, will provide relief from” sneezing, runny nose, nasal congestion, sinus pain, headaches, and sore throat.

These assertions would be welcomed if they were accurate, but the claims are absolutely false. The product is nothing more than a sugar tablet. Plaintiff brings this lawsuit to enjoin ongoing deceptions and to recover the profits generated by these false and misleading claims.

…Earlier this year, Plaintiff purchased Children’s Coldcalm. She did so after reading, believing and relying upon the advertising claims attached as Exhibits 1 and 2. Plaintiff’s family used Children’s Coldcalm as directed, but did not obtain the results promised by Defendant’s advertising. It was worthless to them and provided no benefits. In reality, Children’s Coldcalm has no impact on the common cold.

The suit was originally filed last year, but the lead plaintiff, Gina Delarosa, just beat back a motion by Boiron to dismiss the case.

I love how the Courthouse News Service reported it…

(CN) – A federal judge refused to toss a class action against the makers of allegedly useless homeopathic cold medicine made from plants, insects, metals and poison.

Boiron moved for a judgment on the pleadings, saying federal law pre-empted Delarosa’s claims.
    
U.S. District Judge Josephine Staton Tucker disagreed.
    
The Federal Food, Drug, and Cosmetic Act’s (FDCA) definition of “drug” includes homeopathic remedies like Coldcalm, but the Food and Drug Administration does not “vouch for, or even investigate, homeopathic drugs’ safety and efficacy,” Tucker wrote.

…”Indeed, under defendant’s arguments, defendant could state that Coldcalm would relieve symptoms of allergies, lessen headaches and back pain, improve a person’s visage, and eliminate the occurrence of body odor, regardless of whether the drug did any of these things, without violating the FDCA,” Tucker wrote.

I love it: “…allegedly useless homeopathic cold medicine made from plants, insects, metals and poison.” But if you read the JAYFK post, you’ll see that this is precisely the case. The list of ingredients is just a highly diluted hodgepodge of irrelevant and/or nasty junk, including onion, honeybees (yes, you read that right…), potassium dichromate, belladonna, and other toxic plants. 

If the case ever goes to trial, Boiron will be forced to “prove” that this garbage pail of a product actually works. I’d love to see the company lawyers try to pull that one off.