CLASS ACTION COMPLAINT

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CLASS ACTION COMPLAINT WlTH JURY DEMAND

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PlaintiffEnzo Forcellati ("Plaintiff'), by his attorneys, makes the following

3 allegations pursuant to the investigation of his counsel and based upon infonnation

4 and belief, except as to allegations specifically pertaining to himself and his counsel,

5 which are based on personal knowledge.

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NATURE OFACTION

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1. This is a class action against Hyland's, Inc., Standard Homeopathic

8 Laboratories, Inc., Standard Homeopathic Company and Does I-I00 (collectively

9 "Hyland's" or "Defendants") arising out of the sale of homeopathic cold and flu

10 remedies sold over the counter ("OTC"), including Hyland's Cold 'n Cough 4 Kids

11 ("Cold 'n Cough"), Cough Syrup with 100% Natural Honey 4 Kids ("Cough

12 Syrup"), Snifiles 'n Sneezes 4 Kids ("Sniffles 'n Sneezes"), Cold Relief Strips 4

13 Kids with Zinc ("Cold Strips"), Complete Flu Care 4 Kids ("Flu Care"), and

14 Nighttime Cold 'n Cough 4 Kids ("Nighttime Cold") (collectively "Cold and Flu

15 Remedies").

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2. Hyland's represents that its homeopathic Cold and Flu Remedies offer

17 children "Fast acting," "Safe & Effective," "Multi-symptom" relief from cold and flu

18 symptoms, including runny noses, sore throats, coughs, headaches, body aches, flu

19 and congestion. In fact, Hyland's Cold and Flu Remedies are nothing more than

20 sweetened, flavored water with only highly diluted concentrations of the products'

21 so-called "active ingredients."

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3. As a direct and proximate result of Hyland's false and misleading

23 advertising claims and marketing practices, Plaintiff and the members of the Class,

24 as defined herein, purchased Hyland's Cold and Flu Remedies to treat cold and flu

25 symptoms for which the drugs were not fast acting or efficacious as they were

26 marketed and advertised.

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CLASS ACTION COMPLAINT

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