California Attorney General Jerry Brown Tuesday joined 32 other state attorneys general in announcing a landmark $7 million settlement with Airborne, Inc. that forces the company to stop advertisements that ?"dramatically misrepresented? its dietary supplements as cold remedies."
?According to the AG's office the company propounded its "cold buster" claims without any scientific evidence to back up its contentions.
Airborne began selling its products as a cold remedy on the Internet around July, 2000, and on television in 2004. In its advertisements, Airborne featured people suffering from cold and flu symptoms and made unsupported statements suggesting its products were a cure for the common cold. The company also requested that retailers sell Airborne products in the cold/cough aisle.
To substantiate their claims, Airborne relied upon studies that claimed the major ingredients in their products -- Vitamin C, Vitamin E, Selenium, and Zinc -- prevent colds. However, subsequent definitive studies found that these ingredients do not have any discernable effect in preventing colds. Despite these findings, Airborne continued to market its products as cold remedies.
Investigators also raised concerns about the levels of Vitamin A in Airborne products.
To remedy this situation Airborne agreed:
? Not to make any claim concerning the health benefit, performance, efficacy or safety of its dietary supplements.
?Not to make any claims that imply that Airborne can diagnose, mitigate, prevent, treat, or cure colds, coughs, the flu, an upper respiratory infection or allergies.
Not to require, demand, or otherwise influence where a retailer places Airborne, Inc. products, such as in the cold and cough aisle.
?Not to market any product that contains directions for use that would, if followed, result in an individual ingesting 15,000 International Units of vitamin A per day.
?Pay a total of $7 million to 33 states.
Tuesday's settlement covers all Airborne products.
The states involved in the settlement include Alaska, Arkansas, Connecticut, Delaware, the District of Columbia, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Washington, and Wisconsin.
California will receive $460,000 under the settlement.