Airborne completes settlements for marketing, product labeling suit claims

BONITA SPRINGS, Fla. Airborne Health on Tuesday completed the last of three settlements regarding past marketing and labeling of its products, agreeing to pay $7 million to settle investigations by 32 state attorneys general and the District of Columbia, the company announced.

“We’re putting the dietary supplement industry on notice—snake oil sales pitches will no longer be given free reign,” Connecticut Attorney General Richard Blumenthal said in a statement, according to published reports. “Our strong coalition of states will continue to investigate and pursue companies that make false claims about dietary supplements and other products.”

Settlements to date total $30 million.

The settlement with the Attorneys General—which involves no admission of wrongdoing on Airborne’s part, the company stated—is the last of three settlements involving similar claims regarding older advertising and labeling of Airborne dietary supplements. On Oct. 6, 2008, a U.S. District Judge approved a $23.5 million settlement of a class action lawsuit. On Sept. 5, the District Judge approved an additional $6.5 million settlement with Federal Trade Commission that would be paid only if the class action settlement does not cover all consumer claims. The class action and FTC settlement funds are being divided among consumers who joined the class action and filed for refunds.