False Advertising

I-Health Faces Lawsuit Over Alleged False Claims, Plaintiffs Seek Damages

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I-Health Faces Lawsuit Over Alleged False Claims, Plaintiffs Seek Damages

In the bustling world of consumer products, a legal storm is brewing over the claims made by I-Health, Inc. regarding its Culturelle Ultimate Balance for Antibiotics products. Ethel Warren and Christian Campos, two consumers from California, have launched a lawsuit against the company, alleging that the product's claims are false and misleading.


The lawsuit revolves around the product's label and marketing, which claim to 'rebuild bacterial balance lost to antibiotic use.' According to Warren and Campos, these claims are false and violate regulations set by the Food and Drug Administration (FDA). The plaintiffs allege that the defendant's representations make improper disease claims without the required disclaimers. They further argue that the products are misbranded under the Food, Drug, and Cosmetic Act (FDCA), making them illegal to sell.


The FDCA is a federal law that regulates the safety and accurate labeling of food, drugs, and cosmetics. It prohibits the sale of misbranded products, which include those that are falsely or misleadingly labeled. According to the plaintiffs, I-Health's Culturelle Ultimate Balance for Antibiotics products fall squarely into this category.


The plaintiffs also invoke California's Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumer Legal Remedies Act (CLRA). These laws protect consumers from unfair, deceptive, or misleading business practices and advertising. The UCL, for instance, prohibits any 'unlawful, unfair or fraudulent business act or practice.' The FAL makes it unlawful for a company to disseminate any statement regarding its goods or services that is 'untrue or misleading.' The CLRA, meanwhile, provides a list of 'unfair methods of competition and unfair or deceptive acts or practices' that are considered unlawful.


The lawsuit also alleges that I-Health breached both express and implied warranties. An express warranty is a promise made by the seller about the quality or performance of a product. In contrast, an implied warranty of merchantability guarantees that a product is fit for the ordinary purposes for which such goods are used.


Warren and Campos, acting individually and on behalf of all others similarly situated, are seeking injunctive relief, restitution, disgorgement of profits, actual damages, and attorney's fees and costs. They have proposed a national class of all persons in the United States who purchased the products for personal use and not for resale, as well as a California subclass of all persons in the state who bought the products for personal use and not for resale.


The legal battle promises to be complex, as it involves a deep dive into the intricacies of federal and state laws impacting how products are marketed, as well as the science behind the product's claims. But at its heart, it is a story about consumers who feel they have been misled by a company's labeling of its product and are seeking justice.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    2:23-at-00895
  • Filing Date:
    September 7, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    California
  • Court:
    California Eastern District
  • Plaintiff:
    Ethel Warren; Christian Campos
  • Defendant:
    I-Health, Inc.
  • Plaintiff Firm:
    Kopelowitz Ostrow P.A.; Milberg Coleman Bryson Phillips Grossman, PLLC
  • Defendant Firm:
  • Claims Administrator:
Contributors
Kevin Salzman, Esq.
Kevin Salzman, Esq.
Reporter and Licensed Attorney
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