Outcome: $1.2 Million
Gregory Geis and Steward Roper, et al. v. Walgreen Company, Case No.: 07-4238-KSH-PS, in the United States District Court for the District of New Jersey
Nobody likes having a cold. To consumers seeking to avoid the unpleasantness of a runny nose and sore throat, supplements that promise to help prevent illness seem like a smart purchase. However, according to this lawsuit, Airborne and and Walgreens-brand Wal-born, two popular lines of supplements that claimed to offer protection from germs and viruses, were not actually effective in helping consumers prevent illness. Walgreens advertised Wal-Borne using language that misled customers into spending their money on ineffective products.
Compensation was successfully obtained for class members in a significant class action lawsuit pertaining to the misleading labeling of Wal-born, a product by Walgreens. TZ was appointed as the class counsel. Wal-born, which was essentially Walgreens’ version of Airborne, claimed to effectively prevent or cure illnesses caused by germs and viruses. As a resolution, Walgreens agreed to pay a substantial settlement amount of $1.2 million. This settlement was made available to anyone who purchased Wal-born between May 24, 2001, and March 31, 2009.
Class members had the option to receive a refund check for up to three packages of Wal-born (equivalent to $14.97) or a voucher for a complimentary flu shot at Walgreens (worth $25). In addition, as part of the settlement terms, Walgreens was prohibited from making any claims about Wal-born’s ability to treat, cure, prevent, or combat colds, flu, germs, viruses, upper respiratory infections, or seasonal allergies unless approved by FDA regulations.