CLASS ACTION COMPLAINT
CLASS ACTION COMPLAINT WlTH JURY DEMAND
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PlaintiffEnzo Forcellati ("Plaintiff'), by his attorneys, makes the following
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allegations pursuant to the investigation of his counsel and based upon infonnation
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and belief, except as to allegations specifically pertaining to himself and his counsel,
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which are based on personal knowledge.
NATURE OF ACTION
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1.
This is a class action against Hyland's, Inc., Standard Homeopathic
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Laboratories, Inc., Standard Homeopathic Company and Does I-I 00 (collectively
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"Hyland's" or "Defendants") arising out of the sale of homeopathic cold and flu
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remedies sold over the counter ("OTC"), including Hyland's Cold 'n Cough 4 Kids
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("Cold 'n Cough"), Cough Syrup with 100% Natural Honey 4 Kids ("Cough
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Syrup"), Snifiles 'n Sneezes 4 Kids ("Sniffles 'n Sneezes"), Cold Relief Strips 4
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Kids with Zinc ("Cold Strips"), Complete Flu Care 4 Kids ("Flu Care"), and
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Nighttime Cold 'n Cough 4 Kids ("Nighttime Cold") (collectively "Cold and Flu
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Remedies").
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2.
Hyland's represents that its homeopathic Cold and Flu Remedies offer
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children "Fast acting," "Safe & Effective," "Multi-symptom" relief from cold and flu
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symptoms, including runny noses, sore throats, coughs, headaches, body aches, flu
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and congestion. In fact, Hyland's Cold and Flu Remedies are nothing more than
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sweetened, flavored water with only highly diluted concentrations of the products'
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so-called "active ingredients."
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3.
As a direct and proximate result of Hyland's false and misleading
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advertising claims and marketing practices, Plaintiff and the members of the Class,
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as defined herein, purchased Hyland's Cold and Flu Remedies to treat cold and flu
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symptoms for which the drugs were not fast acting or efficacious as they were
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marketed and advertised.
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CLASS ACTION COMPLAINT
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