American woman wants 5 million because she feels deceived by Ricola
The candy manufacturer must defend itself against the accusation of making misleading information about products. Such cases are piling up, and lawyers make good money from them.
Published today at 07:23
The Swiss herbal candy manufacturer Ricola has been targeted in a class action lawsuit in the United States. The accusation: The traditional company reflects false facts.
Because the packs were prominently labeled “Made with Swiss Alpine Herbs” and aroused the expectation that the herbs depicted were responsible for the healing effect of the sweets. In fact, menthol is the only active substance to relieve a sore throat.
The plaintiff, a woman from Illinois, sees this as a deliberate deception of consumers with the intention of being able to charge a higher price for the candy than American products. Referring to the ongoing proceedings, Ricola did not want to comment and only stated that “it had correctly complied with all regulations at all times”.
Focus on misleading information
This raises the question of how naïve American consumers are or want to be. The fact is that class action lawsuits due to allegedly misleading effects of food and luxury foods have increased significantly in recent years and, according to information from independent lawyers, the courts are finding it increasingly difficult to take the plaintiffs’ motives seriously.
In the case of Ricola, the lawsuit compares the Swiss company’s throat candy packs with those of US manufacturers. It turns out that the American products emphasize menthol as an active substance on the pack, while Ricola depicts the Swiss alpine herbs and only declares menthol as an active substance on the back. The alpine herbs are explicitly listed in the product information as non-active substances. The menthol content is the same for all manufacturers.
“The courts are losing patience with cases that assume consumers are idiots.”
The plaintiff claims that she would have bought cheaper US sweets if she had known that the Swiss herbs had no effect. She is seeking damages of five million dollars, an amount often cited in such lawsuits to keep the case at a lower level and avoid a higher federal court.
“Courts are losing patience with cases that assume consumers are idiots,” writes the law firm Perkins Cole. According to Perkins Cole, lawsuits about health claims are particularly popular – as in the Ricola case.
Image of Ricola’s logistics center in Mulhouse-Brunstatt, France.
Photo: Christian Beutler (Keystone)
In one case, plaintiffs claimed that dried blueberries in breakfast cereals should prevent cancer. In another case, the label soy milk was branded fraudulent because the milk does not come from the cow. Both lawsuits failed.
Number of lawsuits doubled
The success rate is low as courts tire of dealing with complaints from naïve consumers. They are increasingly adopting the concept of the “reasonable consumer” and shooting down apparent attempts by lawyers to make a quick buck.
2021 was a record year with 325 lawsuits, down from 221 the year before and 179 two years earlier. In 2008, only 19 lawsuits were filed because of allegedly misleading product promises.
Published today at 07:23
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