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Airborne Settles False Advertising Lawsuit for $23.3 Million

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New York, NYThe herbal supplement company, Airborne, claimed that its product could fend off colds. Now they will pay $23.3 million to settle with customers who brought a class action lawsuit against Airborne for false advertising, according to one of the plaintiffs in the suit.

A non-profit advocacy group that was a part of the lawsuit called The Center for Science in the Public Interest (CSPI) says that the company will be refunding money to customers who bought the Airborne product. Airborne will also pay for advertisements that will be printed in major publications that will instruct customers on how to receive a refund if they purchased the product.

According to a CSPI Senior nutritionist, David Schardt, he says that there is no evidence that the ingredients in Airborne can offer any protection from colds or a germ-infested environment. He has further stated that the product is simply an overpriced vitamin that has been deceptively marketed in a very clever way.

Airborne VictimAirborne was created by Victoria Knight-McDowell, a second-grade teacher, who did her own research on herbal therapies used in Eastern cultures and studied the benefits of these herbal therapies. As a result, the marketing campaigns for Airborne has claimed that it uses seven herbal extracts as well as a blend of vitamins, amino acids, electrolytes, and antioxidants to boost the immune system.

When the toll-free number designated for the class action settlement is called, a recorded message states that Airborne has committed no wrongdoing. The recording further states that there has been no illegal conduct, but that they went ahead and agreed to settle the lawsuit. The defendants in the case are Airborne Health Inc., Airborne, Inc. and Knight-McDowell Labs. The case was filed in the Central District of California in U.S. District Court. There is a hearing scheduled for June 16 that will consider the settlements final approval.

As for the product, Airborne has no intentions of changing their current claims that it boosts the immune system, but it does contain such vitamins as Vitamin C that is proven to give the immune system a bit of a push. How it is taken is in the form of effervescent tablets that come in three flavors. The website states that the supplement contains an immune-boosting formula that is very easy to take and the nutritional blend helps maintain normal histamine levels. Airborne also offers other products such as their Squid Soap that teaches children proper hand washing techniques and Airborne Power Pixies that is meant to give parents a hassle-free way of getting their children to take their Airborne.

Despite the possible benefits, the troubles for Airborne started in March 2006 when a plaintiff sued the company for its claims that its product could cure colds, which caused the company to change their advertising campaign to one that stated it simply gave the immune system a boost. Also, an ABC News report revealed that clinical trials by the company were not conducted by scientists and doctors, but by two regular people without such credentials.

After this revelation to the public, the advertising campaigns stopped talking about the studies that were conducted and no longer said a word about the possibility of the product being able to cure colds. Instead, the company geared their advertising toward its supposed ability to boost the immune system.

CSPI joined the lawsuit in late 2006 and the Federal Trade Commission and a group of state attorney Generals began an investigation in 2007 that looked at the company's claims that the product could cure colds. This claim had stood strong since the product was created in 1999. To find out how to receive a refund, frequently check your local newspapers for information.

By Ginger Gillenwater

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