A group of plaintiffs has filed a class action lawsuit against Hyland’s Homeopathic which seeks refunds for consumers who purchased products included in a teething tablets recall conducted by the company earlier this year.
The complaint, which was filed on September 15th in the U.S. District Court, Southern District of New York, claims that Hyland’s “falsely advertised its teething products as ‘safe,’” leading the plaintiffs to buy the products, “which are now worthless to them and cannot be used given the FDA’s concerns about the safety of this medicine.”
The teething tablets lawsuit also names Standard Homeopathic, Hyland’s parent company, CVS Pharmacy and Target as defendants.
Standard Homeopathic Company recalled all lots of Hyland’s Baby Teething Tablets and Hyland’s Baby Nighttime Teething Tablets in April 2017, after the U.S. Food & Drug Administration (FDA) determined that the products contained inconsistent amounts of belladonna alkaloids that could differ from the calculated amount on the products’ labels.
Belladonna is often used in homeopathic medications due to its sedative effects. However, exposure to excessive amounts of this ingredient can prove toxic for children, leading to:
The FDA initially warned parents and caregiver not to give homeopathic teething tablets to children in September 2016, after such products had been tied to hundreds of injuries and 10 infant deaths. According to the agency, many of the reported incidents suggested belladonna poisoning.
The FDA’s warning prompted CVS, Target and several other retailers to remove homeopathic teething pills and gels from their store shelves. Hyland’s Homeopathic also announced that it would stop selling its teething remedies in the U.S. However, the company declined to issue a recall at that time.
In November 2016, Raritan Pharmaceuticals announced a recall of its homeopathic teething tablets and ear pain remedies after testing confirmed that those products might contain inconsistent amounts of belladonna.
Hyland’s only agreed to issue its teething tablets recall after the FDA made a formal request. Despite agreeing to the recall, Hyland’s and Standard Homeopathic have not acknowledged that the products are dangerous. In fact, the companies are trying to have the teething tablets class action lawsuit dismissed.
“Speculation that the products ‘may pose’ a risk based on alleged inconsistent ingredient levels, or unproven anecdotal claims that a child had a seizure while taking the product, does not establish that the products are unsafe and therefore ‘worthless,’” they argued in papers file with the court earlier this month.