The maker of Airborne dietary supplementswill pay $23.3 million in consumer refunds in a proposed settlement to a class action lawsuit alleging the firm made unsubstantiated claims for its products.

The defendants - Airborne Health, Airborne Inc., Knight-McDowell Labs, Victoria Knight-McDowell and Thomas "Rider" McDowell - also will pay for ads in popular consumer magazines to instruct consumers on receiving refunds, according to the settlement in U.S. District Court for the Central District of California announced March 3.

A hearing to consider final approval of the settlement is scheduled June 16.

Bonita Springs, Fla.-based Airborne made claims such as "boost your immune system to help your body combat germs" and "take it at the first sign of a cold symptom or before entering crowded, potentially germ-infested environments."

The National Advertising Division in February 2002 determined Knight-McDowell Labs' claims for Airborne lacked reliable scientific data (¹ Also see "Airborne Formula Cold Prevention Claims Unsubstantiated – NAD" - Pink Sheet, 25 February, 2002., p. 8).

The Center for Science in the Public Interest, which joined lawyers representing the plaintiffs case as co-counsel, says there is no credible evidence Airborne protects against a germ-filled environment.

"Airborne is basically an overpriced, run-of-the-mill vitamin pill that's been cleverly, but deceptively, marketed," CSPI Senior Nutritionist David Schardt says in a March 6 release.

The settlement agreement covers sales of Airborne Formula and of the On-the-Go, Power Pixies, Nighttime, Jr., Gummi and Seasonal line extensions.

Washington-based firm Tycko & Zavareei LLP says it is representing plaintiffs in a separate class action against Airborne. In a March 4 release, the firm says the California settlement "will cover only a miniscule fraction of the potential consumer claims," but if it receives final approval, consumers who do not opt out of the agreement will not be able to bring false advertising claims against Airborne.

- Rebekah Moan

Airborne Claims Grounded In Class Action Settlement

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