Ricola Throat Drop Class Action Dismissed as Preempted; Plaintiff May Amend

NEW YORK — A New York federal judge has dismissed a proposed class action accusing Ricola USA Inc. of falsely representing that its throat drops' cough relief is due to the presence of green tea and echinacea rather than menthol, ruling that the claims are preempted by the Food Drug and Cosmetic Act.

In a Jan. 18 order, Judge Nelson Roman of the U.S. District Court for the Southern District of New York allowed the plaintiff to file an amended complaint to cure the defects.

Lonise Singo alleges the label on Ricola’s “Green Tea with Echinacea” flavored throat drops is …