PharmaCare Defeats Sambucol Immunity Support Deception Lawsuit

PharmaCare US Inc. won summary judgment in a consumer’s proposed class action alleging the company duped customers into thinking its Sambucol dietary supplement could support immunity.

The US District Court for the Southern District of California on Tuesday said a consumer perception survey showed that buyers weren’t deceived by the alleged misrepresentations.

• Judge James E. Simmons Jr. said the challenged label statements were “ambiguous, not deceptive, and not misleading to a reasonable consumer”
• The consumer had alleged statements that the product was “virologist developed” and supported immunity tricked buyers into thinking the product could mitigate or prevent disease
• But the ...