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Airborne Settlement Lawsuit


Company agrees to pay consumers $23.3 million class action settlement for false advertising.


Airborne Settlement

Washington, DC: (Mar-03-08) A class action lawsuit was brought against Airborne, the makers of a multivitamin and herbal supplement, alleging that the drug's labels and ads falsely claimed that the product cures and prevents colds. The suit claimed that Airborne, concocted by second-grade teacher Victoria Knight McDowell and her screenwriter husband Thomas Rider McDowell, promised to boost ones immune system to help ones body combat germs. It instructed users to take it at the first sign of a cold symptom or before entering crowded, potentially germ infested environments. Sources stated that the deceptive marketing, and its insistence that the product be stocked with real cold, cough, and flu medicines instead of with dietary supplements, helped turn the company into an overnight success.

In February 2006, investigations revealed that Airborne’s much-touted lone clinical trial was actually conducted without any doctors or scientists. Next, in 2007, the Federal Trade Commission and a group of state attorneys general began investigating the various “cold busting” claims that Airborne has made since its launch in 1999. It was revealed that Airborne’s basic formula contains Vitamins A, C, and E, as well as other nutrients common in multivitamins. Experts cautioned that Airborne may provide too much vitamin A, since just two pills provide 10,000 IU, the maximum safe level for a day, and the package directs customers to take three per day.

As part of a settlement reached, the makers of Airborne will refund money to consumers who bought the product, as part of a $23.3 million payout resolving the class action. Additionally, the company will pay for ads in Better Homes & Gardens, Parade, People, Newsweek, and many other magazines and newspapers instructing consumers how to get refunds. [CENTER FOR SCIENCE IN THE PUBLIC INTEREST: AIRBORNE SETTLEMENT]


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