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Forcellati v. Hyland’s, Inc.
United States District Court for the Central District of California
876 F.Supp.2d 1155 (2012)
Enzo Forcellati (plaintiff) purchased homeopathic children’s medicine from Hyland’s, Inc. (Hyland’s) (defendant). The medicine claimed to provide fast-acting relief for cold and flu symptoms. Forcellati brought a class action suit against Hyland’s, alleging that the medicine contained such low concentrations of active ingredients that it was essentially just flavored water. Forcellati claimed, among other things, that Hyland’s had violated the Magnuson-Moss Act. The Magnuson-Moss Act is a federal statute codified at 15 U.S.C. § 2301 et seq. that protects consumers against deceptive warranty practices. Hyland’s moved to dismiss the claim, arguing that over-the-counter medications are not consumer products for purposes of the Magnuson-Moss Act.
Rule of Law
Holding and Reasoning (King, J.)
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