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Consumer Protection & Privacy

Norton Rose Fulbright: San Bernardino Judge Finds Homeopathic Drug Labelling Is Not False Or Misleading

By Stephanie Stroup (US)

On November 25, 2014, just in time for Thanksgiving, Judge Bryan Foster in San Bernardino Superior Court tentatively entered a judgment in favor of Green Pharmaceuticals, following a week-long bench trial.

The case, filed on June 28, 2011 by plaintiff Rachel Rosendez, brought claims against Green Pharmaceuticals stemming from its manufacture and sale of the product SnoreStop. Plaintiff argued that the over-the-counter homeopathic product was not effective in stopping snoring, based on both her own experience and a lack of scientific evidence demonstrating the effectiveness of its ingredients.

Based on these allegations, Plaintiff argued violations of the California Consumer Legal Remedies Act (also known as the CLRA), and California Business and Professions Code Sections 17200 and 17500 (known as the UCL and FAL, respectively).

A class of California purchasers of the product was certified on September 9, 2013 and the case was tried before Judge Foster in September 2014.

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