The non-profit educational organizations
Center for Inquiry (CFI) and the associated
Committee for Skeptical Inquiry (CSI) have petitioned the U.S.
Food and Drug Administration (FDA), criticizing
Boiron for misleading labeling and advertising of Oscillococcinum. "One petition complains that Boiron's packaging for Oscillococcinum lists the alleged active ingredient – duck liver and heart – in
Latin only. Another petition complains that Boiron's web ad for this product implies that it has received FDA approval." Ronald Lindsay, CFI and CSI president and chief executive officer, contended that, "If Boiron is going to sell
snake oil, the least they can do is use English on their labels." A
class action lawsuit was filed against Boiron on behalf of "all California residents who purchased Oscillo at any time within the past four years". The lawsuit charged that Boiron "falsely advertises that Oscillo has the ability to cure the flu because it contains an active ingredient it claims is proven to get rid of flu symptoms in 48 hours". The lawsuit also stated that the listed active ingredient in Oscillococcinum (Oscillo) "is actually Muscovy Duck Liver and Heart ... and has no known medicinal quality." A settlement was reached, with Boiron denying any wrongdoing and agreeing to make several changes to its marketing of the product. These changes included adding to their packaging notices like "These 'Uses' have not been evaluated by the Food and Drug Administration" and "C, K, CK, and X are homeopathic dilutions." Since 2011, at least two
class action lawsuits on behalf of customers who purchased Oscillococcinum have been filed against Boiron in the United States, alleging that Boiron falsely advertises that Oscillo has the ability to cure the flu. A proposed settlement was reached in August 2012. While the settlement was challenged in the U.S. Court of Appeals for the Ninth Circuit by one class member who opposed the settlement, on February 24, 2015, the Ninth Circuit issued a decision upholding approval of the class action settlement. Boiron's legal threats against Samuele Riva for writing criticisms on his website were rebuffed by his web hosting company, and the debacle was described as producing a
Streisand effect against Boiron. == References ==