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 Boiron Oscillococcinum Class Action Lawsuit

By Mike Holter

 

Oscillococcinum A class action lawsuit claims that Boiron, Inc. sells a natural flu remedy called Oscillococcinum (Oscillo) that "is nothing more than a sugar pill," despite falsely advertising that it contains an active ingredient known to treat flu symptoms. 

 

According to the Oscillococcinum class action lawsuit, Boiron falsely advertises that Oscillo has the ability to cure the flu because it contains an active ingredient it claims is proven to get rid of flu symptoms in 48 hours.

 

"Unfortunately, Defendants fail to inform consumers of the truth regarding Oscillo and is purported active ingredient," the Boiron class action lawsuit says. "The truth is that the listed active ingredient in Oscillo, Anas Barbariae Hepatis et Cordis Extractum, is neither active in combating the flu nor is it actually an ingredient in Oscillo."

 

The ingredient, the Oscillo class action lawsuit continues, "is a fancy way for Defendants to hide the truth from the general public. The truth being that [the ingredient] is actually Muscovy Duck Liver and Heart...and has no known medicinal quality. Further, in the extreme dilution claimed by Defendants, it has no impact on the human body whatsoever because it is not present in Oscillo."

 

In fact, the active ingredient is so diluted in Oscillo, the class action lawsuit claims, that the "probability of getting 1 molecule of the active ingredient of Oscillo in a regular dosage is approximately equal to winning the Powerball every week for nearly an entire year. Simply states, there is no trace of the purported active ingredient in Oscillo. Oscillo is nothing more than sugar (85% sucrose and 15% lactose)."

 

The Oscillococcinum class action lawsuit is brought on behalf of all California residents who purchased Oscillo at any time within the past four years. It is seeking restitution; compensatory, actual, general statutory, exemplary, punitive and any other damages legally available; and an injunction ordering Boiron to cease and desist its fraudulent advertising of the product.

 

 

If claims made by natural or homeopathic supplement companies, vendors or stores like CVS, Walgreens, Costco or Wal-mart sound too good to be true, they probably are. If you have been a victim of false claims, contact the Natural and Homeopathic Consumer Advocates at the Law Offices of Ronald A. Marron APLC via the form below or call them now at 1-800-454-2780.
 
 
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Updated January 18th, 2012

Originally Published August 8th, 2011 

 

 

 

 

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Last Updated on Thursday, 27 December 2012 11:09

Comments   

 
#30 Truth 2013-05-20 10:54
I could also drink Drano, but I would rather read whats in it and decide if it was good for me, bad for me, or does absolutely nothing.
 
 
#29 Mystic 2013-03-11 17:24
Direct experience is all that matters. If you close your mind to the more subtle aspects of reality you're missing most of the show.
And therefore as a stranger give it welcome.
There are more things in heaven and earth, Horatio,
Than are dreamt of in your philosophy.
 
 
#28 Truth 2013-03-11 11:52
This product is a life saver, I'm no doctor, { you make that obvious } I dont work for the company. Just a normal house wife that loves to try new things { I’m sure your husband is very happy about that, not sure what it has to do with this article } ! 1. This stuff really works I've been using it for about 2 years or so whenever we get the flu sometimes I even use it with a bad cold and you feel like yourself in no time, no nausea, chills, all of the symptoms gone, but like with any medicine if you don't continue with your next dose your symptoms will come back, I can honestly say it does cut the duration of the flu down also { living proof that the placebo effect is real, just an FYI, tictacs are cheaper and at least make your breath smell better } . This is the best Medicine ever and I'm not a homeopathic kind of person, but i deserted to give it a try it was the best decision, So to you lawyer that's on her trying to give the medicine a bad rap go and try it yourself before telling your assumptions { I have sugar in my coffee every morning, I know what it does, thanks anyway } ! You have no clue what your talking about trust me a tic tax wouldn't work like this so get your facts straight about the ingredients you have no clue what they really are { Pretty sure we made it clear what they were, are you seeing something on the side of the bottle / box that we done? } ... Just know that they work, and are approved to be on the market! I hate when people sue everyone especially when its a good product that might be recalled because one IDIOT! { People aren’t suing because they need the money, they are suing for false advertising. You would have to fully read the article to know what we are talking about. Since you are into trying new things, try reading the ingredients before posting. }
 
 
#27 sarah 2013-02-18 11:58
This product is a life saver, I'm no doctor, I dont work for the company. Just a normal house wife that loves to try new things! 1. This stuff really works I've been using it for about 2 years or so whenever we get the flu sometimes I even use it with a bad cold and you feel like yourself in no time, no nausea, chills, all of the symptoms gone, but like with any medicine if you don't continue with your next dose your symptoms will come back, I can honestly say it does cut the duration of the flu down also. This is the best Medicine ever and I'm not a homeopathic kind of person, but i deserted to give it a try it was the best decision, So to you lawyer that's on her trying to give the medicine a bad rap go and try it yourself before telling your assumptions! You have no clue what your talking about trust me a tic tax wouldn't work like this so get your facts straight about the ingredients you have no clue what they really are... Just know that they work, and are approved to be on the market! I hate when people sue everyone especially when its a good product that might be recalled because one IDIOT!
 
 
#26 Truth 2013-02-01 18:07
My favorite part of all this is the people talking about how it worked for them. I do think this is true because the placebo effect is real. When you need to realize is, a tic tac would be better for you, because you would also have fresh breath, other than than, you get no benefit.

Big Boy:
"Are you kidding me? I've been taking this product for about 10 yrs and have not gotten the flu full term in those 10 yrs."

Must be the sugar pill big boy. Have you actually read whats in it? enjoy that duck molecule if you happen to find one.

Mark Goodman, ND :
"It's obvious the lawyers have no idea how homeopathic medicines work."

By your statement, I am going to assume ND stands for 'Not Doctor'


Lois:
"I have used this product and the cold remedy. THEY WORK. I don't know how either, but they work."

If you are implying the purpose of this medicine is to play upon your simplicity and line their pockets with your money, then yes, they work well.

Franz:
"I am Physician (MD) holding a PhD in Molecular Cancer Biuology. I have no clue of how it works, but it works. I was reluctant to take it but my wife who is also an MD insisted that I should take it. Finally I agreed to take it (two years ago) and now is my first option, because simply it works. I am sure this lawsuit was paid-promoted by Big Pharma."

So how long have you worked for Boiron? Since you are a doctor, like you say, why don't you provide some medical evidence?

Josh:
"Monkeys are funny"

Heck yeah monkeys are funny!!! I f*cking LOVE Monkeys!!
 
 
#25 Jack 2013-01-23 10:06
They're selling a sugar pill - nothing more.
 
 
#24 Mikeys Mom 2013-01-19 16:00
I think its a great product and well worth the cost. Have you ever read the 4 page pamplets that come with prescription drugs with all the side effects including sometimes what you are trying to rid.

No one is forced to buy this, we all have choices. If you don't like it don't buy it. As for me, I will, it seems to work and gets me back to the office quicker.
 
 
#23 Big Boy 2013-01-14 10:11
Are you kidding me? I've been taking this product for about 10 yrs and have not gotten the flu full term in those 10 yrs. You fucktards obviously have taken to the american way and are going to sue any one you can to get a lawsuit going to make you look BIG. As for the rest of the people in here bitching about fraud why dont you go to the store buy this stuff and take it at the onset of the flu and come back and recomment after you realize that the stuff actually DOES work.
 
 
#22 Mark Goodman, ND 2013-01-13 08:27
It's obvious the lawyers have no idea how homeopathic medicines work.
 
 
#21 patrick 2012-12-02 11:37
Leave it up to some scummy lawyers in the United States to sue a company that has been manufacturing this stuff for over 60 years. Bottom line is this stuff has helped me out and if it's simply placebo effect, I'm better with that than I am having consumed some chemical cocktail from big pharmaceutical companies out to make a buck instead of caring for people. Anyone signing on to this lawsuit and especially the law offices responsible for bringing this forward should be ashamed of themselves. All you're doing is perpetuating the circle of Americans loving their drugs and willing to be as lazy as possible to make a buck. Thanks!
 
 
#20 Nick 2012-09-03 17:08
Nice try big pharma! Ocillo works! God bless Boiron for Ocillo! My family has been antibiotic free for over 7 years! I am so sad to hear such stupidity of a law suite. This world is full of ignorance. Bottom line, Occillo works, its safe and natural. This is by far the most outrageous law suite I have run across lately. Nice try.
 
 
#19 James Randi 2012-07-28 11:56
The James Randi Educational Foundation has a long-standing prize of one million dollars for evidence that homeopathy - from any supplier - works. Go to www.randi.org and fill out the application... James Randi.
 
 
#18 AJ 2012-04-14 18:45
I think that the legal advice people have been getting on these matters is under-educated and at the very least misdirected and bordering on unethical. If you really wish to dismantle homeopathy, you would go after the governing bodies in lieu of financial bottom feeding on the product liability insurance of these manufacturing businesses, if their policy will cover it. Stop pretending to argue the scientific high road when you have no actual evidence to back up your claims. I would love it if one of these companies took you up on fighting the suite, and counter sued your firm for a good chunk for their bottom line. Can I get a particle physicists and theoretical physicist to take the stand?
 
 
#17 AJ 2012-04-14 18:43
Fact is there is at least a hundred years of research into homeopathic medicine. It is not a new or hokey system of medicine. I suggest anyone to take a look at the history of homeopathy before you jump to a conclusion which may be misplaced. It is true that some people will respond better that others to homeopathic remedies, just as people do to pharmacological products. However, this is not grounds for frivolous, assumptive law suits. Homeopat hy is providing a safer system of medicine, as when the wrong or right remedies are used for a condition, there are no side effects, contraindicatio ns, or interactions with any other system of medicine. The dosages are extremely safe even with seemingly harmful materials (Arsenic, Deadly Nightshade, Mercury, Poison Nut, and Cobra Venom just to name a few).
 
 
#16 AJ 2012-04-14 18:42
The truth about the matter is a lot of these claims can also be made about pharmaceutical remedies as well. Anti-depressant s are a classic case. If you have ever seen a psychiatrist for a prescription to manage your depression, you might of had the conversation about there not being a guarantee that the process may take a couple different prescriptions for different drugs and doses to "find the one that will work for you." Yet with saturation of anti-depressant s on the market and all the research that goes into approving drugs. How isn't it that they haven't narrowed down the field of the most effective and safest ones? How about the prescribing of viagra for female sexual dysfunction? Many medications are prescribed for off label uses as well. Should we be filing law suits for these issues as well?
 
 
#15 AJ 2012-04-14 18:41
Recently, there has been a number of lawyers out there who are representing clients with claims against homeopathic medicine makers. The sad thing is that many of these suites are purely based on theoretical supposition, and attack this system of medicine based solely on the California Statue regarding false claims on a product because they don't have enough ammunition to attack homeopathy on the grounds which they are regulated. The FDA regulates the use and claims of homeopathy based upon the Homepathic Materia Medica. All of the claims on the packaging, no matter the manufacturer, are approved through the American Association of Homeopathic Pharmacists and the FDA.
 
 
#14 Lois 2012-03-10 23:57
I have used this product and the cold remedy. THEY WORK. I don't know how either, but they work.
 
 
#13 amber 2012-01-31 11:06
I have been using homeopathic remedies for well over 60 years, and have had great results with them. I don't know how they work, but they do. You do need to know how to use them. Perhaps that is a problem with some of the people here who complain? I even use them for my animals, and they work on them too. Of course one must get products from reputable homeopathic practitioners.
 
 
#12 Brian 2011-12-21 11:50
It's worked for my family, and for my lady and me, for years. I am a graphic artist in Ohio, and I am in no way associated with Boiron, nor have they compensated me in any way (I'd let them - that stuff's expensive!) for saying any of this. You take a dose of this stuff within a few hours of starting to feel crappy and achy and flu-like, another one 12 hours later, and you WILL feel better fast. Yes, rest and extra fluids help too. Of course they do. I've read the homeopathic derivation debunker stories, and I'm no idiot. I know what it looks like. However - I'm buying some tonight, because it works for us. You can do as you please.
 
 
#11 Denise 2011-12-03 18:01
I sure hope I did'nt waste my money. I am feeling under the weather and need relief. I have no medical insurance to see a doctor, so I went to CVS and found this product.
 
 
#10 Franz 2011-12-03 12:08
I am Physician (MD) holding a PhD in Molecular Cancer Biuology. I have no clue of how it works, but it works. I was reluctant to take it but my wife who is also an MD insisted that I should take it. Finally I agreed to take it (two years ago) and now is my first option, because simply it works. I am sure this lawsuit was paid-promoted by Big Pharma.
 
 
#9 Fraud_Buster 2011-11-24 12:48
As an aside Missy, who posted on Wednesday, November 2nd, is a paid "representative " of Boiron, Inc. Please disregard her post. Several companies have attempted this tactic in the past (discrediting claims of plantiffs by offering misleading "testimonies"). Homeopaths have been allowed, for far too long, to make misleading and outright disceptive claims. They rely on the natural distrust people have for authority figures (medical companies, doctors, government officials, etc...) They use vague statements and make carefully crafted accusations to stoke this distrust and make it seem as if some conspiracy is taking place against the consumer by the "organized" medical community, in an effort to part the consumer from his hard earned dollar. It's very important that we push more and more legally action against these modern day "snake oil salesmen" and run them out of business. The government refuses to do it. It's the consumer's job now.
 
 
#8 missy 2011-11-02 19:28
unfortunately,i f you have no clue as to how homeopathy works,the fact the dose is so low,would be lost on a lay person. Herbs and natural remedies are ALL I will use. I will not fly without ooscillo in my bag ,in case bad plane air gets me sick. If you consider this stuff bunk,you've obviously never tried it. I take oscillo and emergen-c,I get better,no meds,no antibiotics,no prescription POISON. You should read what eveyrthing in your prescriptions really does,before you bad mouth remedies that don't kill 1000s,yearly .
 
 
#7 Doug 2011-10-23 16:40
"expensive antibiotics" ? when you consider that Boiron does no research, no pharmaceutical synthesis and no testing, what he is selling is over-priced.
 
 
#6 Zoe 2011-10-06 16:59
Have been using it for years, and surprise!!!, no more need for those expensive antibiotics, I am sure this class action must have big Pharma behind. Just try it, I give it to my children and by the way cold symptoms dissapear much faster than with regular flu medicine with no drowsiness. I recently tried with a horrible thooth ache, that eventually need a root canal and it was miracolus. If the lawyers try it, they will realized they have a lost case
 
 
#5 Inge 2011-08-18 12:37
Mystical pre-scientific anecdotal evidence supported "medicine" such as homeopathy as been given a free ride by regulatory agencies way too long. It's time to reign them in and educate the public as to the delusional and fraudulent nature of the practice and products! Apologists like Dana Ullman continually trot out “studies” to supposedly prove homeopathy “works”. They are universally either unpublished, from obscure often non-peer reviewed journals, are so poorly designed and interpreted that they would be laughed out of any reputable scientific organization’s meeting. Replication of the studies is almost never seen or the replication is as bad as the original study. In most cases where some effect might be inferred, in vitro effects are loudly touted while failed in vivo data is ignored or minimized.
 
 
#4 Carl 2011-08-17 17:37
Finally.... these homeopaths have been getting away with 100% pure fraud.
 
 
#3 Quack Doctor 2011-08-17 04:17
Spread the word!
 
 
#2 mike 2011-08-09 12:14
I always viewed these type of remedies as pure bunk.
 
 
#1 Josh 2011-08-09 12:11
Monkeys are funny
 

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