Still no cure for the common cold: Rite Aid to cough up $500,000 for peddling otherwise
Filed under: Health, Consumer Ally
Rite Aid agreed to pay $500,000 after being accused of deceiving consumers into buying its "Germ Defense" tablets and lozenges by claiming they could prevent colds or reduce their severity, the Federal Trade Commission announced.The settlement comes nearly a year after the FTC reached a $23.5 million settlement over claims made in the marketing of the "Airborne" products, which regulators said could not be substantiated. Germ Defense is Rite Aid's take on the Airborne line.
Rite Aid's supplier, Improvita Health Products, Inc., also faces charges.
The settlement forbids Rite Aid from claiming the pills and lozenges can prevent colds, protect from colds in crowded places, reduce the severity of colds or lessen their duration.
A Rite Aid spokeswoman said the product line is no longer carried in the stores.
"Since we were notified of the investigation in March 2007, we have cooperated fully with the FTC," spokeswoman Ashley Flower told WalletPop.com
In agreeing to the settlement, Rite Aid admitted no wrongdoing.
Under the terms of the agreement, Rite Aid must offer refunds to consumers who purchased the product. The national pharmacy chain is required to post refund notices and offer prepaid postage for consumers to send back up to six packages of Germ Defense. The notices are required to go up in the cold medicine aisle at every Rite Aid store starting Oct. 1. Refund requests will be accepted until Dec. 31.
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Can They Really Do That?
Rite Aid agreed to pay $500,000 after being accused of deceiving consumers into buying its "Germ Defense" tablets and lozenges by claiming they could prevent colds or reduce their severity, the Federal Trade Commission announced. For more unusual stories, browse through this gallery.
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Reader Comments (Page 1 of 1)
7-14-2009 @ 2:44PM
Jerry said...
Sure they paid $500k as a fine but how much did they rake in before getting caught?
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7-14-2009 @ 2:56PM
Clifford Roth Band said...
Big settlement, $23,500,000, half a million dollar fine. But where does the money go? In a class action suite; The lawyers get at least one third, maybe half. plus expenses. The government legals are on a salary, but maybe they spent $50 million of our tax dollars. Maybe if I read Readers Digest, or Time Magazine, spend an hour filling out a form. maybe I'll get a check for $1.52 that I will never cash anyway!
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7-14-2009 @ 6:07PM
phil said...
That's the dirty little secret of class action lawsuits. Plaintiffs get very little and the only winners are defense lawyers who actively encourage and promote and market to offer representation. One good class action suit can turn a small firm into income for life!!!
How were Plaintiffs harmed by buying said product? Ever heard of "Let the buyer beware?" I seriously doubt that Rite-aid ever gave a thought to the downside of stacking this product. They are simply retailers who wanted products to sell to a willing public. I would also imagine that Rite-Aid and stores like it, pay a big chunk of change for insurance to cover suits such as this. These costs must be passed along in the form of higher prices to the consumer!
Two final observations:
Q: Did you ever wonder why a rattlesnake will never bite a lawyer? A: Professional Courtesy.
Q: What do call 100 lawyers at the bottom of the sea? A: A good start.
7-14-2009 @ 2:59PM
binkybinladen said...
This place also advertises or puts coupons in thier flyers things and when you go to get them,"they are always out of stock" They suck
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7-14-2009 @ 2:59PM
Alexis said...
Just wondering....are companies really allowed to market and put whatever they want on the shelves, without any kind of testing? That's pretty scary! What do we believe, or not believe, next?
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7-14-2009 @ 4:31PM
Simzee said...
People are stupid if they think any medication will get rid of cold. If you do not want to get sick....then people need to stay home AWAY from people.
7-14-2009 @ 3:23PM
BULGEINMYPLANTS said...
THIS IS AN EVIL JOKE. THE AGENCIES IN THE GOVERNMENT THAT ARE SUPPOSED TO LOOK OUT AFTER US, ARE THE ONLY ONES ALLOWED TO MAKE HEALTH CLAIMS. AND THEY ARE A CRIMINAL ORGANIZATION,COMPLETELY OWNED BY THE DRUG COMPANIES. THESE PEOPLE MAKE AL CAPONE LOOK LIKE AN
ANGEL. FDA APPROVED DRUGS KILL 200,000 PEOPLE A YEAR.
ANS THEY CLAIM TO BE WORRIED ABOUT RITE AID.?
I GUESS RITE AID DIDN'T PAY ANYONE OFF.
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7-14-2009 @ 4:52PM
AL-B said...
this is horrible because i use airborne ALL THE TIME..AND IT WORKS! if you take it at the very beginning of a cold, when you first notice the sore throat, it will lessen the serverity of the cold tremendously. however if you miss a dosage or two the cold will become full blown. i don't think it shortens the duration because i usually end up taking them for 3-4 days str8, but they definitely lessen the severity. i hate that they are doing this and it's VERY scary that they can do this. they are afraid that they are taking money away from the drug companies, but what difference does it make? the money is still getting spent one way or another.
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7-14-2009 @ 6:19PM
BG said...
I do not think the article meant Rite Aid was taking Airborne off their shelves they are taking their own name brand or duplication or take of the Airborne product off their shelves. Rite Aid and other stores have their duplications of many well known name brand products and sell them at a lower price. If you look at the ingredients they are the same. The investigation showed in this case that Rite Aid mislead their customers claiming their product would have the same germ defense mechanisms as Airborne. The investigation also showed that Airborne could not be duplicated therefore the Rite Aid brand was not the same as Airborne and they agreed to remove the Rite Aid Brand off their shelves along with a settlement. I live in Rite Aid but before I buy their products at a lower price I check the ingredients between the name brands and Rite Aids. If they are the same I buy them if there are not I don’t. But, so far this is the first product I heard of that Rite Aid has not duplicated with all the ingredients necessary to ward off the germs or lesson the severity of a cold like Airborne. So I think you can still buy Airborne. Reread second paragraph of the article.
7-14-2009 @ 5:22PM
Lynn said...
Now maybe they'll start investigating all the beauty products, diets and other so-called natural products that make BOGUS claims! In fact, every company should be FORCED to undergo a clinical trial by an independent (unknown) group of specialists where all products must be "certified" (like Good Housekeeping Seal, or USDA) before its sold on the market. Its just not right to gouge the public out of BILLIONS of dollars for products that will never achieve what they claim. The fact they have gotten away with it for so long, shows that the People have their priorities all screwed up.
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7-14-2009 @ 5:44PM
uawmade said...
riteaid sucks anyways call in a script never ready always have some lame excuse and I agree with Jerry how much did they make befor thay got bagged
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7-14-2009 @ 6:49PM
AC said...
Once again, the government and the lawyers........... Awwwww forget it!
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7-14-2009 @ 7:06PM
MarbleHead said...
They are going to post signage in their aisles? Absolutely pointless as they stopped selling the stuff in 2007! The courts are pointless as well as I read about case after case of completely meaningless outcomes. Way to waste taxpayer money! The judge is probably a cronie of that nincompoop "latina" sotomayer.
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7-14-2009 @ 7:52PM
Abraxus said...
I agree, Riteaid will be the next big company to go - their stores are just awful around where I live - pretty dirty too for a drug store, which is why I go to Walgreens instead which is new and always clean. Also, I think it is about time we went after all these people making ludicrous claims about their products - Airborne DOES NOT stop colds, I tried it, it did nothing for me, my sister tried it, she thought maybe it helped a bit - but it didn't do what was promised that's for sure. The best cure for a cold is to drink plenty, and maybe use one of those saline sprays for your nose - those are cheap too, but they do dry up the snotty nose part of the cold! Diet products REALLY need to be regulated as they make ridiculous claims - there is one on right now (I forget the brand!) that claims you can lose tons of weight and you don't need to diet at all or exercise at all. Bullsh*t is what I say to that - if you want to lose weight you need to eat better and exercise, that was how I lost weight, it wasn't through any kind of miracle pill. Just remember this people out there reading this, IF IT LOOKS TOO GOOD TO BE TRUE, IT IS!
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9-06-2009 @ 10:32AM
Healthy Gal said...
Well I am just going to say it... I have had a cold lets say at least 7 times since I discovered ( the ingredients) and I take the ingredients and the next day - it is gone. I mean totally gone. The sore throat, the sniffles, the sneezing- GONE!
BUT and it is something that needs to be heard- I do not take the ingredients in the form Rite Aid sold it or the form of the one invented by a Mom for her kids and close quarters on a plane or any other cure all with all the ingredients together- they don't work half the time or not at all. I take the real deal by itself.
Echinacea and Zinc- separate in pure form- 2 echinacea and a zinc lozenge. At the first sign of infection. It has worked each time. I want to tell everyone- The echinacea has to be whole herb and the zinc has to ne cold eeze- ( no, I dont work for either) I tried others- and nada. This combo works!
I mean, seriously if you took something the last 5 or 6 times you caught a cold and it left your body completely, what would you do? My doctor doesn't believe me- that is okay- but I do want to tell you Rite Aid believed this would work and it does bit not in a combo pack that alters the ingredients, it has to be in the purest form>
One note- it has to be taken at the first sign of a cold, otherwise it just helps with the severity. Okay- guys- A cure?? for me yup! For all? I don't know- I do know it worked each time.
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