Boiron Ducks Class Cert. In Suit Over Flu Remedy Label

Law360, New York (February 28, 2014, 1:38 PM EST) -- A California federal judge shut down class certification efforts Thursday in a suit arguing that a $12 million consumer settlement with homeopathic medicine maker Boiron Inc. failed to alleviate false advertising surrounding its Oscillococcinum flu symptom remedy, saying the lead plaintiff lacked credibility on a critical issue.

U.S. District Judge Stephen V. Wilson determined that plaintiff Leonidas Jovel’s erratic deposition testimony on whether he relied on the Oscillo product’s labeling in his purchasing decision diminished his likelihood of prevailing on class action claims and rendered him an inadequate class representative under Rule 23(a)(4).

In his complaint, filed in Los Angeles state court...

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