A class action lawsuit accuses homeopathic health care product maker Boiron of allegedly illegally selling and falsely advertising its Optiquel Eyedrops.
"The product is labeled as a 'Homeopathic Medicine' that is intended for 'Eye Irritation Relief,' 'Dry Eyes,' 'Allergies,' and 'Eye Strain,' among other claims," states the lawsuit, filed in U.S. District Court for Central District of California. "Unfortunately, the product is being illegally sold and is ineffective at providing 'Eye Irritation Relief.'”
The lawsuit was filed on behalf of named plaintiff Bridget Dickerson, identified as a resident of San Bernardino County.
The Food and Drug Administration (“FDA”) on Sept. 11 sent a warning letter to the company "notifying it that the product is 'an unapproved new drug' and that 'introducing or delivering this product for introduction into interstate commerce' violates the Food Drug and Cosmetics Act," the lawsuit states.
The stated active ingredients of the eyedrops allegedly "are so diluted that they are virtually non-existent and are scientifically proven to be incapable of providing the advertised eye symptom relief," the suit alleges.
It cites a Federal Trade Commission finding on homeopathic products that “marketing claims that such products have a therapeutic effect lack a reasonable basis and are likely misleading."
It seeks financial compensation plus attorney fees, and a court order prohibiting Boiron from continuing the alleged false advertising.
The plaintiffs are represented by attorneys Michael T. Houchin, Craig W. Straub and Zachary M. Crosner, of Crosner Legal PC, of Beverly Hills.
Dickerson v. Boiron Inc., U.S. District Court for the Central District of California, 5:23-cv-02370