Airborne to pay $23.3 million over false advertising claims
NEW YORK Airborne, the herbal supplement company that once called itself a “miracle cold buster,” will pay $23.3 million to settle a class action lawsuit over false advertising, according to published reports.
Legal battles beginning in 2006 called into question the product’s claims to be able to stop the common cold. A February 2006 investigation by ABC's "Good Morning America" found that Airborne's clinical trial was conducted by just two people in the absence of a clinic or scientists.
Airborne changed their advertising campaign when a plaintiff filed suit against the company in March 2006. The company now claims that its product “boosts the immune system with seven herbal extracts and a proprietary blend of vitamins, electrolytes, amino acids and antioxidants.”
The Center for Science in the Public Interest, a non-profit advocacy group and co-counsel for the class action, said the company will refund money to consumers who bought Airborne’s product. It will pay for advertisements in major publications instructing consumers on how to get their money refunded.
“There’s no credible evidence that what’s in Airborne can prevent colds or protect you from a germy environment,” said CSPI Senior nutritionist David Schardt. “Airborne is basically an overpriced, run-of-the-mill vitamin pill that’s been cleverly, but deceptively, marketed.”
A recorded message at the toll-free number of the class-action settlement administrator currently reports that Airborne Health Inc. has admitted no wrongdoing. “Defendants deny any wrongdoing or illegal conduct,” the message says, “but have agreed to settle the litigation.”
According to the settlement agreement, consumers with valid claims and receipts will be reimbursed for the amount they spent on Airborne from May 2001 through November 2007. Those without receipts are eligible to receive money back for as many as six packages each, based on average retail prices of the products—from $2.75 per box of gummi lozenges to $10.50 per box for Airborne Seasonal.
A hearing to consider final approval of the settlement is scheduled for June 16. Customers interested in more information about how to receive a refund can visit www.airbornehealthsettlement.com or call 1-888-952-9080.