Dechert Secures Appellate Victory Affirming Jury’s Verdict in Homeopathic Drug Class Action
November 09, 2018
Dechert secured a significant victory for Boiron Inc., a leading homeopathic drug manufacturer, before the Ninth Circuit Court of Appeals, in an appeal of a bet-the-company false advertising and consumer fraud class action. Class actions rarely go to trial and even more rarely result in a victory for the defendant. By delicately balancing the scientific facts with an understanding of the company’s consumers, Dechert was able to defeat some of the country’s top plaintiffs’ firms and ensure a path for the homeopathic drug industry in the United States moving forward.
In Lewert v. Boiron, Inc., a California federal district court judge certified a class in Nov. 2014 accusing Boiron of violating California’s Unfair Competition Law and Consumer Legal Remedies Act. The suit alleged that Boiron misrepresented the health benefits of its flagship product, the flu remedy “Oscillococcinum,” despite a prior settlement valued at US$12 million.
The case proceeded to trial in June 2016, where a federal jury quickly rejected plaintiffs’ claims that Boiron’s homeopathic flu treatment was nothing more than a sugar pill and ruled that Boiron’s statements regarding the efficacy of its product were not false. The federal judge overseeing the case separately ruled at a bench trial that Boiron’s conduct was also not misleading or deceptive and rejected plaintiffs’ claims under California’s Unfair Competition Law. Plaintiffs appealed, and the Ninth Circuit affirmed Boiron’s complete defense verdict on Nov. 8, 2018.
The Dechert team was led by litigation partner Christina Guerola Sarchio, and included associates Amisha R. Patel and Nathan McClellan.
About Dechert
Dechert is a leading global law firm with 27 offices around the world. We advise on matters and transactions of the greatest complexity, bringing energy, creativity and efficient management of legal issues to deliver commercial and practical advice for clients.
