Parker Waichman LLP

Airborne Settles False Claim Charges

Airborne Settles False Claim. Although admitting no wrongdoing, Airborne Health, Inc. has agreed to pay $7 million to settle investigations by 32 state attorneys general and the District of Columbia (D.C.) over how it has marketed and labeled its products, Reuters said, noting that Airborne Health had also previously settled two earlier claims. Airborne is […]

Airborne

Airborne Settles False Claim. Although admitting no wrongdoing, Airborne Health, Inc. has agreed to pay $7 million to settle investigations by 32 state attorneys general and the District of Columbia (D.C.) over how it has marketed and labeled its products, Reuters said, noting that Airborne Health had also previously settled two earlier claims.

Airborne is known for manufacturing dietary supplements with vitamins, minerals, and herbs it claims help support the immune system, said Reuters.

According to Reuters, Airborne had earlier settled a class action suit for $23.5 million and also reached a $6.5 million settlement with the Federal Trade Commission (FTC). But apparently, ‘Airborne’ said these funds would be paid only if the larger settlement does not cover all consumer claims submitted by September 18.

“We’re putting the dietary supplement industry on notice—snake oil sales pitches will no longer be given free reign,” Connecticut Attorney General Richard Blumenthal said in a statement, quoted Reuters.

“Our strong coalition of states will continue to investigate and pursue companies that make false claims about dietary supplements and other products,” he said, added Reuters.

Airborne Founder and Chief Executive Victoria Knight-McDowell said in a statement that this settlement does not affect any of the company’s current products, “because it deals with language that had already been dropped from our advertising and labeling,” Reuters quoted her as saying.

Even though we believe the legal claims against Airborne were unjustified

“Even though we believe the legal claims against Airborne were unjustified, we wanted to close the book on these legal and regulatory issues,” Knight-McDowell added, said Reuters. 

Blumenthal said that Airborne agreed to some prohibitions such as making claims over its products’ benefits, mandating where retailers place its products, and marketing any product that would involve a person ingesting in excess of certain amounts of International Units (IU) of Vitamin A daily, Reuters said.

News-Leader.com said that Airborne is no longer allowed to advertise that its products should be taken “at the first sign of a cold symptom,” as well as other claims in which ‘Airborne’ implies its products can “can diagnose, mitigate, prevent, treat, or cure colds, coughs, the flu and upper respiratory infection or allergies.”

News-Leader.com pointed out that Airborne-Original is the top selling dietary supplement in its category and contains large amounts of Vitamin C and Vitamins A and E, zinc, and selenium.  The multi-state settlement involves all ‘Airborne’ products, which includes Airborne-Original and any future products said News-Leader.com.

The settlement resolves the state and Washington D.C.’s attorneys generals’ allegations, said News-Leader.com, that ‘Airborne’ made health-related claims in its “marketing, packaging, advertising, offering, and selling” of a variety of its products that were “not substantiated by reliable and competent scientific evidence when the claims were made”; that it “explicitly and implicitly claimed to sell a cold prevention remedy, a sore throat remedy, a germ fighter, and an allergy remedy without adequate substantiation”; and that it did not “adequately warn consumers about potential health risks to select populations,” said News-Leader.com. 

This last allegation referred to excessive IUs of Vitaman A, specifically in pregnant women, noted News-Leader.com.

Need Legal Help Regarding Airborne?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Denny Tang assisted my family in a major personal injury matter and got us a result we were satisfied with. Denny was a consummate professional and showed great patience and care in our case. We're grateful for his assistance.
Kareen M.
9 months ago
5 Star Reviews 150
I highly recommend this law firm for their excellent work on my case. Tina went above and beyond to ensure a successful outcome. Her dedication and hard work were evident throughout the entire process. She was always available to answer my questions and provided clear communication every step of the way. The firm as a whole was professional, knowledgeable, and provided exceptional service. I am grateful for their expertise and highly recommend them to anyone in need of legal assistance.
Danny Mulholland
9 months ago
5 Star Reviews 150
This is my second time using Parker Waichman, needless to say I was pleased the first time. This time I was blessed to have David Aminov. This man works hard! Always updating me on my case which I’ve had open since 2018. I am very pleased, & will be recommending everyone I know to Parker Waichman. Thank you again, I appreciate you all so much, especially Mr. Aminov.
Logan Oliver
4 weeks ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038