Die juristische Website "Top Class Actions" (
http://www.topclassactions.com) berichtet über eine Classaction-Klage gegen Boiron.
http://www.topclassactions.com/lawsuit-settlements/lawsuit-news/1309--boiron-oscillococcinum-class-action-lawsuit[*QUOTE*]
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A copy of the Boiron Oscillo Class Action Lawsuit can be read here.
[LINK:
http://www.courthousenews.com/2011/08/05/SnakeOil.pdf ]
The case is Henry Gonzales v. Boiro, Inc., Boiron USA, Inc., Laboratories Boiron, et al., Case No. 37-2011-00095740-CU-MT-CTL, Superior Court of the State of California, County of San Diego.
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[*/QUOTE*]
Kläger ist ein Henry Gonzales, zu dem leider noch nicht mehr Informationen zu finden sind. Der Google-OCRer konvertiert den Text der Klagepapiere der Classaction-Klage gegen Boiron wie folgt:
http://www.courthousenews.com/2011/08/05/SnakeOil.pdf[*QUOTE*]
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO
STREET A9DRE$$I 330 West Broadway
MAILING ADDRESSI 330 W951 Brgadway
CITY AND ZIP CODE: Sal’! Diego, CA 92101
BRANCH NAME: Central
TELEPHONE NUMBER: (619) 450-7064
PLAlNTlFF(S) / PETlTlONER(S): Henry Gonzales
DEFENDANT(S)/RESPONDENT(S): Boi;-on |n¢ e{_a|_
GONZALES VS. BOIRON INC
CASE NUMBER:
Judge: William R. Nevitt, Jr. Department: C-64
COMPLAINTIPETITION FILED: 08/04/2011
CASES ASSIGNED TO THE PROBATE DIVISION ARE NOT REQUIRED TO COMPLY WITH THE CIVIL
REQUIREMENTS LISTED BELOW
IT IS THE DUTY OF EACH PLAINTIFF (AND CROSS-COMPLAINANT) TO SERVE A COPY OF THIS NOTICE WITH
THE COMPLAINT (AND CROSS-COMPLAINT), THE ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
FORM (SDSC FORM #CIV-730), A STIPULATION TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (SDSC
FORM #CIV-359), AND OTHER DOCUMENTS AS SET OUT IN SDSC LOCAL RULE 2.1.5.
ALL COUNSEL WILL BE EXPECTED TO BE FAMILIAR WITH SUPERIOR COURT RULES WHICH HAVE BEEN
PUBLISHED AS DIVISION II, AND WILL BE STRICTLY ENFORCED.
TIME STANDARDS: The following timeframes apply to general civil cases and must be adhered to unless you have
requested and been granted an extension of time. General civil cases consist of all civil cases except: small
claims proceedings, civil petitions, unlawful detainer proceedings, probate, guardianship, conservatorship,
juvenile, and family law proceedings.
COMPLAINTS: Complaints and all other documents listed in SDSC Local Rule 2.1.5 must be served on all named
defendants, and a Certificate of Service (SDSC form #ClV-345) filed within 60 days of filing.
DEFENDANT'S APPEARANCE: Defendant must generally appear within 30 days of service of the complaint. (Plaintiff
may stipulate to no more than 15 day extension which must be in writing and filed with the Court.) (SDSC Local
Rule 2.1.6)
DEFAULT: If the defendant has not generally appeared and no extension has been granted, the plaintiff must request
default within 45 days of the filing of the Certificate of Service. (SDSC Local Rule 2.1.7)
CASE MANAGEMENT CONFERENCE: A Case Management Conference will be set within 150 days of filing the
complaint.
ALTERNATIVE DISPUTE RESOLUTION (ADR): THE COURT ENCOURAGES YOU TO CONSIDER UTILIZING
VARIOUS ALTERNATIVES TO TRIAL, INCLUDING MEDIATION AND ARBITRATION, PRIOR TO THE CASE
MANAGEMENT CONFERENCE. PARTIES MAY FILE THE ATTACHED STIPULATION TO USE ALTERNATIVE
DISPUTE RESOLUTION (SDSC FORM #CIV-359).
YOU MAY ALSO BE ORDERED TO PARTICIPATE IN ARBITRATION. IF THE CASE IS ORDERED TO ARBITRATION
PURSUANT TO CODE CIV. PROC. 1411.11, THE COSTS OF ARBITRATION WILL BE PAID BY THE COURT
PURSUANT TO CODE CIV. PROC. 1141.28.
FOR MORE INFORMATION, SEE THE ATTACHED ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION
FORM (SDSC FORM #CIV-730)
sosc CIV-721 (Rev. 11-oe) Page 1
NOTICE OF CASE ASSIGNMENT
Page 2
1
I
Q.
._Jf.
CD
Z811 ~L| A13; Q;
NEWPORT TRIAL GROUP
A Professional Corporation ~~ '7‘ fl? {$131581
Scott J. Ferrell, Bar No. 202091 6 iii E Y» CA
sferrell@trialnewpo1t.com
Ryan M. Ferrell Bar No. 258037
rferrell@trialnewport.com
895 Dove Street, Suite 425
Newport Beach, CA 92660
Tel: (949) 706-6464
Fax: (949) 706-6469
Attorneys for Plaintiff and the Class
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY or SAN DIEGO J 1 1,
.
HENRY GONZALES, individually, and on behalf Case No.1
of 611 6111666 similarly 61m616d, =1-1°"'°°°°‘"“'°""'"'°T"
Plaintiff, CLASS ACTION COMPLAINT
_ vs.
JURY TRIAL DEMANDED
BOIRON, lNC.; BOIRON USA, INC.;
LABORATORIES BOIRON; and DOES 1-25,
Inclusive,
Defendants.
I. INTRODUCTION
‘Oscillococcinum (the “Osci1lo”) is nothing more than a sugar pill that Defendants falsely
advertise has the ability to cure the flu. In reality, Oscillo has no impact on the flu or any symptoms
that accompany the flu.
Accordingly, Henry Gonzales (“Plaintiff”) brings this lawsuit to enjoin the ongoing deception
of thousands of California consumers by Defendants, and to recover the money taken by this unlawful
practice.
-1-
CLASS ACTION COMPLAINT
Page 3
O I
H. THE PARTIES
A. Plaintiff.
1. Plaintiff Henry Gonzales (“Plaintiff”) is a resident of California who purchased Oscillo
in California. ~
B. Boiron, Inc. and Boiron USA, Inc. Defendants.
2. Plaintiff is informed and believes, and upon such information and belief alleges, that
Defendants Boiron, Inc. and Boiron USA,Inc. (“Defendants”) are Pennsylvania corporations that
produce, market, and sell Oscillo, and do business in California.
C. Laboratories Boiron Defendant.
3. Plaintiff is informed and believes, and upon such information and belief alleges, that
Defendant Laboratories Boiron (“Defendant”) is a French company that produces, markets, and sells
Oscillo, and does business in California.
D. Doe Defendants.
4. Plaintiff does not know the true names or capacities of the persons or entities sued
herein as DOES l to 25, inclusive, and therefore sues such defendants by such fictitious names.
Plaintiff is informed and believes and thereon alleges that each of the DOE defendants is in some
manner legally responsible for the damages suffered by Plaintiff and the members of the class as
alleged herein. Plaintiff will amend this Complaint to set forth the true names and capacities of these
defendants when they have been ascertained, along with appropriate charging allegations, as may be
necessary. .
IH. JURISDICTION AND VENUE
5. This Court has jurisdiction over all causes of action asserted herein.
6. Venue is proper in this Court because Plaintiff purchased the product in this County and
because Defendants have received substantial compensation from sales in this County. Specifically,
Defendants knowingly engage in activities directed at consumers in this County, and Defendants
obtain substantial benefits from their scheme perpetrated in this County. Plaintiff has filed
concurrently herewith the declaration of venue required by Civil Code Section l780(d).
CLASS ACTION COMPLAINT
Page 4
7. Defendants and other out-of-state participants can be brought before this Court pursuant
to Calif0rnia’s “long-arm” jurisdictional statute.
IV. FACTS
8. Influenza kills approximately 500,000 people each year. In the United States alone,
approximately 40,000 people die after contracting the flu each year.
9. The most recent pandemic, as declared by the World Health Organization (“WHO”),
was an outbreak of the flu. The WHO classified this pandemic as a level 6, the highest level.
10. Defendants play off of the widespread nature of the flu and the public’s justified fear of
it by making false claims about purported efficacy characteristics of Oscillo in order to drive enormous
sales of the worthless product. For instance, the fiont of the Product packaging places in bold letters
the name of the Product — “Oscillococcinum”, directly below the statements “Flu—like Symptoms”,
“Feeling Run Down”, “Headache”, “Body Aches”, “Chills”, and “Fever”. The package also claims,
“No Side Effects”, “No Drug Interactions”, and “Non-Drowsy”.
Flwlilte Symptonis
-3-
CLASS ACTION COMPLAINT
Page 5
ll. Defendants advertise: that Oscillo is “medicine for headache, body aches, chills &
fever”; that Oscillo will “slow down the spread of germs”; that “Oscillo[] has a long history of efficacy
and safety”; and “[Oscillo] is the first flu medicine recommended by pharmacists”1.
12. Defendants include numerous testimonials touting Oscillo Without disclosing either the
fact that the endorsers are paid or the actual results that can be expected?
13. From the advertising done by Defendants regarding Oscillo, it would appear to be the
perfect product to combat the flu. According to Defendants, Oscillo will take care of the flu within 48
hours?’ with no possibility of any side effects or drug interactions and without making the patient
drowsy. _
14. Earlier this year, Plaintiff purchased Oscillo. He did so after reading, believing, and
relying upon Defendants’ advertising. Plaintiff used Oscillo as directed, but did not obtain the
promised results—Oscillo had no impact on Plaintiffs flu.
15. Unfortunately, Defendants fail to inform consumers of the truth regarding Oscillo and
its purported active ingredient. The truth is that the listed active ingredient in Oscillo, Anas Barbariae
Hepatis et Cordis Extractum, is neither active in combating the flu nor is it actually an ingredient in
Oscillo. . .
16. Anas Barbariae Hepatis et Cordis Extractum is a fancy way for Defendants to hide the
truth from the general public. The truth being that Anas Barbariae Hepatis et Cordis Extractum is
actually Muscovy Duck Liver and Heart. 1
17. Anas Barbariae Hepatis et Cordis Extractum has no known medicinal quality, further,
in the extreme dilution claimed by Defendants, it has no impact on the human body whatsoever
because it is not present in Oscillo.
18. Defendants claim that the active ingredient in Oscillo, Anas Barbariae Hepatis et
Cordis Extractum, is diluted to 20OCK. This dilution indicates that for every part of Anas Barbariae
Hepatis et Cordis Extractum in Oscillo, there is 10"3 99 parts of the inactive ingredient, sugar. Written
1
www.oscillo.com (last accessed August 2, 2011).
2
www.osciullo.com/testimonials/ (last accessed August 2, 201 1).
3 Oscillococcinum works rapidly, with 63 percent of patients showing “complete resolution” or “clear
improvement” at 48 hours. (
http://www.oscillo.com/about/clinical-studies/)
CLASS ACTION COMPLAINT
Page 6
out in long form, this results in a ratio of
1 :10,000,000,000,000,000,000,()00,000,000,000,000,000,000,00(),O00,000,000,000,000,00(),0O0,000,0
00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
,0O0,000,000,000,000,000,000,000,000,000,000,t)00,000,000,000,000,000,000,000,000,000,000,000,0
00,000,000,000,000,000,000,000,000,000,00(),O00,000,000,000,000,000,000,000,000,000,()00,000,000
,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,()00,000,000,()
,000,000,000,000,0
,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.
19. At this purported ratio, the probability of getting l molecule of the active ingredient of
Oscillo in a regular dosage is approximately equal to winning the Powerball every week for an nearly
an entire year. Simply stated, there is no trace of the purported active ingredient in Oscillo. Oscillo is
nothing more than sugar (85% sucrose and 15% lactose).
20. Defendants are fully aware that there is no Anas Barbariae Hepatis vet Cordis
Extractum present in Oscillo. In an interview with the U.S. News and World Report, Defendants
stated, “
- f course its safe. There’s nothing in it.”4
21. Succinctly stated, Oscillo does not, cure, relieve, or in any way treat the flu.
22. Defendants sell Oscillo for approximately $10 per unit based on the preceding false
advertising claims. As a result, Defendants have wrongfully taken millions of dollars from California
consumers.
23. Accordingly, Hem'y Gonzales brings this lawsuit to enjoin the ongoing deception of
thousands of California consumers by Defendants, and to recover the funds taken by this unlawful
practice. _ p
V. CLASS ACTION ALLEGATIONS
24. Plaintiff brings this class action for damages and other monetary relief on behalf of the
following class:
1
4 McGraw, Dan. “Flu Symptoms? Try Duck” U.S. News and World Report 9 February 1997.
_ 5 _
CLASS ACTION COMPLAINT
Page 7
All persons located within California who purchased Oscillo at any time
during the four years preceding the filing of this Complaint (the
“Class”).
25. Excluded from the Class are governmental entities, Defendants, any entity in which
defendants have a controlling interest, and Defendants’ officers, directors, affiliates, legal
representatives, employees, co-conspirators, successors, subsidiaries, and assigns. Also excluded from
the Class is any judge, justice, or judicial officer presiding over this matter and the members of their
immediate families and judicial staff.
26. The proposed Class is so numerous that individual joinder of all its members is
impracticable. Due to the nature of the trade and commerce involved, however, Plaintiff believes that
the total number of Class members is at least in the tens of thousands and members of the Class are
numerous and geographically dispersed across Califomia. While the exact number and identities of
the Class members are unknown at this time, such information can be ascertained through appropriate
investigation and discovery. The disposition of the claims of the Class members in a single class
action will provide substantial benefits to all parties and to the Court.
27. There is a well-defined community of interest in the questions of law and fact involved
affecting the plaintiff class and these common questions predominate over any questions that may
affect individual Class members. Common questions of fact and law include, but are not limited to,
the following:
(a) Whether Defendants’ efficacy claims are accurate;
(bl
(0) Whether Defendants have falsely represented that Oscillococcinum has benefits
Whether Defendants’ efficacy claims are properly substantiated;
which it does not have; and .
(<1)
28. Plaintiffs claims are typical of the claims of the members of the Class. Plaintiff and all
Whether Defendants knew that the efficacy representations were false.
members of the Class have been similarly affected by Defendants’ common course of conduct since
they all relied on Defendants’ representations concerning Oscillo and purchased the product based on
those representations.
_ 5 _
CLASS ACTION COMPLAINT
Page 8
29. Plaintiff Will fairly and adequately represent and protect the interests of the Class.
Plaintiff has retained counsel with substantial experience in handling complex class action litigation.
Plaintiff and his counsel are committed to vigorously prosecuting this action on behalf of the Class and
have the financial resources to do so. Plaintiff has retained a law frm who is widely recognized as one
of the most successful and effective class action litigators in California, and whose victories have been
publicized on CNN, Fox News, MSNBC, and nearly every major California newspaper. The firm has
also been certified as lead class counsel in similar class actions.
30. Plaintiff and the members of the Class sufiered, and will continue to suffer, harm as a
result of Defendants’ unlawful and wrongful conduct. A class action issuperior to other available
methods for the fair and efficient adjudication of the present controversy. Individual joinder of all
members of the class is impracticable. Even if individual class members had the resources to pursue
individual litigation, it would be unduly burdensome to the courts in which the individual litigation
would proceed. Individual litigation magnifies the delay and expense to all parties in the court system
of resolving the controversies engendered by Defendants’ common course of conduct. The class
action device allows a single court to provide the benefits of unitary adjudication, judicial economy,
and the fair and efficient handling of all class members’ claims in a single forum. The conduct of this
action as a class action conserves the resources of the parties and of the judicial system and protects
the rights of the class members. Furthermore, for many, if not most, a class action is the only feasible
mechanism that allows an opportunity for legal redress and justice.
31. Adjudication of individual class members’ claims with respect to Defendants would, as
a practical matter, be dispositive of the interests of other members not parties to the adjudication, and
could substantially impair or impede the ability of other class members to protect their interests.
// /
///
///
///
///
///
-7-
CLASS ACTION COMPLAINT
Page 9
CAUSES OF ACTION
VI.
FIRST CAUSE OF ACTION
VIOLATION OF CALIFORNIA CONSUMERS LEGAL REMEDIES ACT
(By Plaintiff and On Behalf of the Class as against All Defendants)
32. Plaintiff incorporates by this reference the allegations contained in the paragraphs
above as if fully set forth herein.
33. Plaintilf has standing to pursue this claim as Plaintiff has suffered injury in fact and has
lost money or property as a result of Defendants’ actions as set forth herein. Specifically, prior to the
filing of this action, Plaintiff purchased Oscillo. In so doing, he relied upon Defendants’ marketing
claims. He used Oscillo as directed, but the product has not worked as advertised, nor did it provide
any of the promised benefits. A
34. Prior to filing this action, Plaintiffs counsel mailed to Defendants, by certified mail,
return receipt requested, the written notice required by Civil Code Section l782(a). A copy of that
letter is attached hereto as Exhibit 1.
35. Plaintiff filed the declaration of venue required by Civil Code Section 178 0(d).
36. Defendants’ wrongful business practices constituted, and constitute, a continuing
course of conduct in violation of the California Consumers Legal Remedies Act since Defendants are
still representing that their product has characteristics, uses, benefits, and abilities which are false and
misleading, and have injured Plaintiff and the Class.
37. Plaintiff and the Class seek:
(a) an order of this court enjoining Defendants from continuing to engage in
unlawful, unfair, or deceptive business practices and any other act prohibited by law, including those
set forth in the complaint, pursuant to California Civil Code Section l780(a)(2);
(b) actual damages pursuant to Civil Code Section 1780(a)(l);
(c) punitive damages pursuant to California Civil Code Section 1780(a)(4) due to
the fraudulent, malicious, and willful nature of Defendants’ conduct;
(d) statutory damages of no less than $1,000 per class member pursuant to
California Civil Code Section l780(a)( 1);
- 3 _
CLASS ACTION COMPLAINT
Page 10
(e) restitution pursuant to Civil Code Section 1780(a)(3); and
(f) any other equitable or legal relief that the Court deems proper pursuant to
California Civil Code Section 1780(a)(5).
SECOND CAUSE OF ACTION
VIOLATION OF CALIFORNIA BUSINESS AND PROFESSIONS
CODE SECTIONS 17200 ET SEQ. AND 17500 ET. SEQ.
(By Plaintiff and On Behalf of the Class as against All Defendants)
38. Plaintiff incorporates by this reference the allegations contained in the paragraphs
above as if fully set forth herein.
g 39. Plaintiff has standing to pursue this claim as Plaintiff has suffered injury in fact and has
lost money or property as a result of Defendants’ actions as set forth herein. Specifically, prior to the
filing of this action, Plaintiff purchased Oscillo. In so doing, he relied upon Defendants’ marketing
claims. He used Oscillo as directed, but the product has not worked as advertised, nor did it provide
any of the promised benefits.
40. Defendants’ actions as alleged in this Complaint constitute an unfair or deceptive
business practice within the meaning of California Business and Professions Code section 17200 in
that Defendants’ actions are unfair, unlawful, and fraudulent, and because Defendants have made
unfair, deceptive, untrue or misleading statements in advertising media, including the lntemet, within
the meaning of California Business and Professions Code sections 17500, et seq.
41. Defendants’ business practices, as alleged herein, are unfair because they offend
established public policy and/or are immoral, unethical, oppressive, unscrupulous and/or substantially
injurious to consumers in that consumers are misled by the claims made with respect to Oscillo as set
forth herein.
42. Defendants’ business practices as alleged herein are imlawful because the conduct
constitutes false marketing and advertising and other causes of action alleged herein.
43. Defendants’ business practices as alleged herein are fraudulent because they are likely
to deceive customers into believing that Oscillo has properties that it in fact does not have.
_ 9 -
i
CLASS ACTION COMPLAINT
Page 11
44. Defendant’s business practices as alleged herein are unfair, deceptive, untrue, and
misleading advertising pursuant to California Business and Professions Code section 17500, et seq.
because Defendants have advertised Oscillo, including over the internet, in a manner that is untrue and
misleading, and that is known to be untrue or misleading.
45. Defendants’ wrongful business practices constituted, and constitute, a continuing
course of conduct of unfair competition since Defendants are marketing and selling their products in a
manner likely to deceive the public.
46. Defendants’ wrongful business practices have caused injury to Plaintiff and the Class.
47. Pursuant to section 17203 of the California Business and Professions Code, Plaintiff
and the Class seek an order of this court enjoining Defendants from continuing to engage in unlawful,
unfair, or deceptive business practices and any other act prohibited by law, including those set forth in
the complaint. Plaintiff and the Class also seek an order requiring Defendants to make full restitution
of all moneys it wrongfully obtained from Plaintiff and the Class.
PRAYER FOR RELIEF
Wherefore, Plaintiff and members of the Class request that the Court enter an order or
judgment against Defendants as follows: '
1. Certification of the proposed classes and notice thereto to be paid by Defendants;
2. Adjudge and decree that Defendants have engaged in the conduct alleged herein;
3. For restitution and disgorgement on certain causes of action;
4. For an injunction ordering Defendants to cease and desist from engaging in the unfair,
unlawful, and/or fraudulent practices alleged in the Complaint;
5. For compensatory, actual, general, statutory, exemplary, punitive, and any other
damages legally available according to proof on certain causes of action;
6. For both pre and post-judgment interest at the maximum allowable rate on any amounts
awarded; -.
7. Costs of the proceedings herein;
8. Reasonable attorneys’ fees as allowed by statute; and
- 10 _
CLASS ACTION COMPLAINT
Page 12
9. Any and all such other and further relief that this Court may deem just and proper.
Dated: August 4, 2011 NEWPORT TRIAL GROUP
A Professional Corporation
Ryan M. Ferrell
b
By: M - ¢L@\/u./£6 _
Ry M. Ferrell
Attorney for Plaintiff and the Class
-11-
CLASS ACTION COMPLAINT
Page 13
I, "Henry Gonzales, declare as follows:
1. I am a Plaintiff in this action, and am a citizen of the State of California. I have
personal knowledge of the facts herein and, if called as a witness, I could and would testify
competently thereto.
2. The Complaint in this action, filed concurrently with this Declaration, is filed in the
; proper placelfor trial under Civil Code Section 1780(d) in that San Diego County is a county in which
Defendants are doing business. _
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
_ 1 _
DECLARATION RE VENUE
Page 14
‘ ] " ' 895 Dove Street, Suite 425
N 0 Newport Beach, CA 92660
‘ ~ ‘ ' Phone (949) 706-6464
T R1 A L ‘Gj_R_0. U P Fax(949)706-6469
A Professional Corporation WWW-ma1ne“'P°n-99m
June 13, 2011
SENT VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
Boiron, Inc.
Boiron USA Inc.
6 Campus Blvd., Building A
Newton Square, PA 19073
Attention: President and CEO
Laboratories Boiron
20 rue de la Liberation
69110 Sainte Foy Les Lyon
France
Attention: President and CEO
Re." Ongoing Violations of California Consumer Legal Remedies Act
Dear Sir or Madam:
I am writing on behalf of an individual Californian, as well as a class of similarly situated
persons, to advise you that we believe you are violating the California Consumer Legal
Remedies Act.
You market and sell a product known as “Oscillococcinum.” You market it as a remedy
for flu and flu-like symptoms, including “feeling run down, headache, bodyaches, chills, and
fever.”
ln reality, Oscillococcinum is a microdosage of duck liver and heart. Diluted to a dosage
of 200C (1 X 10"400), the product contains no active ingredients and is of no medicinal value
whatsoever.
We believe that your marketing, advertising, and distribution of Oscillococcinmn violate
the California Consumer Legal Remedies Act by falsely representing that the product has
characteristics, uses and benefits which it does not have.
EXHIBIT 1Page 15
O I
June 13, 2011
Page 2
We respectfully request that you agree to irrevocably stop all false and misleading
advertising and labeling of Oscillococcinum and provide all consumers who have purchased the
product with a full refund.
Given that our primary goal is to enjoin the false advertising claims, we will agree to take
no further action in this matter if you will agree to confonn your conduct to the requirements and
prohibitions of the Califomia Consumer Legal Remedies Act.
Very truly yours,
’ ' ' - L GROUP
Scott J. FerrellPage 16
4:1:
2..
.2
c>
";
f F
(CITACION JUDICIAL) Zn“ AUG _ U A (0, O ,
NOTICE TO DEFENDANT:
(’“"s° AL °E”'A"°"°°1-' ' ¥Eiii€.ii'< cuuiu
BOIRON, INC.; BOIRON USA, INC.; LABORATORIES BOIRON; A ii COUNTY. CA
and DOES l-25, Inclusive,
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
HENRY GONZALES, individually, and on behalf of all others similarly
situated,
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS alter this summons and legal papers are sewed on you to file a written response at this court and have a copy
sewed on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court fomis and more information at the Califomia Courts
Online Self-Help Center (
www.courtinfo.ca.gov/selflielp), your county law library, or the courthouse nearest you. lf you cannot pay the filing fee, ask
the court clerk for a fee waiver form. lf you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attomey right away. If you do not know an attomey, you may want to call an attomey
referral service. lf you cannot afford an attomey, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Senrices Web site (
www.Iawhelpcalifomia.org), the Califomia Courts Online Self-Help Center
(
www.courtinfo.ca.gov/selflielp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
[A VISOI Lo han demandado. Si no responde denim de 30 dlas, la corte puede decidir en su contra sin escuchar su version. Lea Ia informacion a
conlinuacion.
Tiene 30 DIAS DE CALENDARIO clespués de que Ie entreguen esta citacion y papeles Iegales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo prolegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en Ia corte. Es posible que haya un forrnulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de Ia corte y mas infomracion en el Centro de A yuda de Ias Cortes de Califomia (
www.sucorte.ca.gov), en Ia
biblioteca de leyes de su condado 0 en la corte que le quede mas cerca. Si no puede pagar Ia cuota de presentacion, pida al secretario de la corte
que le dé un formulario de exencion de page de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y Ia corte le
podré quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisites legales. Es reoomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remision a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisltos para obtener servicios legales gratuitos de un
programa de servicios lega/es sin fines de Iucro. Puede encontrar estos grupos sin fines de Iucro en el sitio web de Califomia Legal Services,
(vwvw.Iawhelpcalifornia.org), en el Centro de Ayuda de Ias Cortes de Califomia, (
www.sucorte.ca.gov) o poniéndose en contacto con la corte o el
colegio de abogados locales. AVISO: For Iey, la corte tiene derecho a reclamarlas cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacion de $10,000 6 mas de valor recibida mediante un acuerdo o una oonoeslon de arbllraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
The name and address of the court is: _ _ CASE NWBERI
(El nombre y direccion de la oorte es): San Diego County Superior Court (""""'°d"%°1 1'°“'5740-CU-IT-CTL
200 W. Broadway y y r_
San Diego, CA 92101 » -*/ ‘i~jj~’<f , r l \
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attomey, is: , '“_:j,<11T**i4¥ -‘*~'—»a~"~‘—<\l D
(E! nombre, Ia direccion y el numero de teléfono del abogado del demandante, o del demandante que no tiene abogado, les)l J
. L_
Newport Trial Group, 895 Dove Street, Suite 425, Newport Beach, CA 92660 (949) 706-6464 L‘
/
DATE: Hr: Cl rk, b 2)/' , .Deputv
(Fee/we) A“ “ 9 4 20" (S;-retr=iric>) / 6 E rA<1ru~ro)
(For proof of sen/ice of this summons, use Proof of Service of Summons (form POS-010).) M B
(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS 0)).
[SEAL] NOTICE TO THE PERSON SERVED: You are served
i I A Qf . _
' . -1. "ll
* ,-at *
i Q
‘Q
1. [II as an individual defendant.
2. [:] as the person sued under the fictitious name of (specify):
3, l:l on behalf of (specify):
under". l:l CCP 416.10 (corporation) l::| CCP 416.60 (minor)
|:| CCP 416.20 (defunct corporation) |:] CCP 416.70 (conservatee)
|:] CCP 416.40 (association or partnership) [:l CCP 416.90 (authorized person)
:1 other (specify):
4- l::] by personal delivery on (date):
Page 1 of 1
F AClOPi8dfOf‘M DGSQOTYU COdBD1C"|Pl‘O€UI'€ 4 20,455
Dfidicial Council o?Californiase SUMMONS M www.r§:§w1li1%o.ca.gov
SUM-100 [REM July 1, 2009}Page 17
:1:
I
CD
at. lFFlC$m1o
_ Scott J. F crrcll, SBN 202091
NEWPORT TRIAL GROUP
Newport Beach, CA 92660
ATTORNEY OR PARTY wrrnour A‘l‘l'ORNEY (Name, State Bar number, and address): I j i 0 H
895 Dove Street, Suite 425 Ziill RUE —Ll A lg: Q l
TELEPHONE NO; £949) 706-6464 FAX NO; (949) 706-6469 . _ : _,. :_ V _
ATTORNEY FOR (Name): laintiff and the Class _ ' iéliliifii CUUR-i
STREH ADDRESS 200 W. Broadway
MAILING ADDRESSZ
SUPERIOR COURT or CALIFORNIA, COUNTY or= S311 Diego n * ii 1; g U Ur‘; T ‘la C A
cm AND zIP cone: San Diego, CA 92101 3 ri"""’ , A.-_f;§‘\
BRANCHNAME C€I1tI'al
CASEMME: l _-_,
GONZALES v. BOIRON, ct al.
III Unlimited [:1 Limited
CIVIL CASE COVER SHEET gompiex Case D”'gm5°n °*sE3'Y%l1-00005740-CU-IT-CTL
(Amount (Amount :1 Counter I: Joinder JUDGE.
demanded demanded is Filed with first appearance by defendant ‘
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1-6 below must be completed (see instructions
on page 2). _
G Medical malpractice (45)
[:1 Other PVPDIWD (23)
Non-PIIPDIWD (Other) Tort
:1 Business tortlunfair business practice (07)
Civil rights (O8)
G Eminent domain/inverse
condemnation (14)
[:1 Wrongful eviction (33)
|:] Other real property (26)
Unlawful Detainer
‘:1 Commercial (31) '
[ll]
Defamation (13)
V ‘:1 Fraud (16) G Residential (32)
l:l Intellectual property (19) I: Drugs (38)
[3 Professional negligence (25) Judicial Review
I: Other non-PIIPDMID tort (35)
Em loyment
ii Wrongful termination (36)
I: Otheremployment (15)
[:1 Petition re: arbitration
I: Writof mandate (02)
I l Otherjudicial review (39)
:1 Asset forfeiture (05)
awa
1. Check one box below for the case type that best describes this case:
Adm Tort Connect 7
[:1 Auto (22) E Breach of contracllwarranty (06)
[:1 Uninsured motorist (46) [:1 Rule 3.740 collections (09)
Other PIIPDIWD (Personal ln]urylProperty I: Other collections (09)
Damagelwrongful Death) Tort U msuranoe mverage (18)
‘:1 Asbestos (O4) [:1 Other contract (37)
l: Product liability (24) Rea, Pmpmy
rd (11)
Provisionally Complex civil Litigation
(Cal. Rules of Court, rules 3.400-3.403)
[:1 AntitrustlTrade regulation (oa)
E] Construction defect (10)
Mass tort (40)
Securities litigation (28)
Environmentalffoxic tort (30)
Insurance coverage claims arising from the
above listed provisionally complex case
ll/P85 (41)
Enforcement of Judgment
[:1 Enforcement of judgment (20)
Miscellaneous Clvll Complaint
l:| RICO (27)
[:1 Other complaint (not specified above) (42)
Miscellaneous Civil Petition
[I Partnership and corporate governance (21)
[II Other petition (not specified above) (43)
HUGE]
2.
factors requiring exceptional judicial management
This case LL] is L__| is not complex under rule 3.400 of the Califomia Rules of Court. lf the case is complex, mark the
a. [Ii Large number of separately represented parties d. lZ| Large number of witnesses
b. E Extensive motion practice raising difficult or novel e. l:l Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court
c. [Z] Substantial amount of documentary evidence t. E Substantial postjudgmentjudicial supervision
3. Remedies sought (check all that apply): a.lI| monetary b.|I| nonmonetary; declaratory or injunctive relief c. lzlpunitive
4. Number of causes of action (specify): Two
. This case I:/:1 is l:l is not a class action suit.
. If there are any known related cases, file and serve a notice of related case. (You ma M-015.)
Date: August 4, 2011 .
Scott J. Ferrell } (rvps on PRINT NAME) (s FOR PARTY)
7%
NOTICE .
0 Plaintiff must file this cover sheet with the first paper filed in me action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
' File this cover sheet in addition to any cover sheet required by local court rule.
I lf this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes oniy-. 1 of
Q8
CM-O10 [Rev July 1, 2007]
www.coum'nio.cagov
DPage 18
C A
‘ . Q
V CM-01
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET O
To Plaintiffs and Others Filing First Papers. if you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This infonnation will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. in item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. lf the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the Califomia Rules of Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attomey's fees, arising from a transaction in
which property, services, or money was acquired on credit Acollections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections c:ase on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. if a plaintiff believes the case is complex under rule 3.400 of the Califomia Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex. '
Auto Tort
Auto (22)-Personal Injury/Property
Damagelwrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other PlIPDl\lllD (Personal in)uryl
Property Damagelwrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal lnjuryl
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice-
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other Pl/PDMID (23)
Premises Liability (e.g., slip
and fall)
intentional Bodily lnjuryIPDMfi'.)
(e.g., assault, vandalism)
intentional infliction of
Emotional Distress
Negfigent infliction of
Emotional Distress
Other Pl/PDIWD
Non-PIIPDIWD (Other) Tort
Business Tort/Unfair Business
Practice (O7)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
CASE TYPES AND EXAMPLES
Contract
Breach of Contracwvarranty (06)
Breach of RentallLease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract!
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case-Seller Plaintiff
Other Promissory NotelCollections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domainllnverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Properly (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet ‘lilie
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31 )
Residential (32)
Dmgs (38) (if the case involves illegal
drugs, check this item; otherwise,
Provisionaily Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
PetitionlCertification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RlCO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
lnjunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tori/non-complex)
Other Civil Complaint
(non-tort/hon-complex)
Miscellaneous Civil Petition
Partnership and Corporate
Govemance (21)
Other Petition (not specified
Defamation (6-9-, Slafldef. libel) report as Commercial or Residential) above) (43)
(13) Judicial Review Civil Harassment
Fraud (16) Asset Forfeiture (05) Wmq-,|a¢9 \n°|enoe
intellectual Property (19) Petition Re: Arbitration Award (1 1) E|de|-/Dependent Adun
Professional Negligence (25) Writ of Mandate (02) Abuse
Legal Malpractice Writ-Administrative Mandamus Ekcfion Contest
Other Professional Malpractice Writ-Mandamus on Limited Court petition for Name Change
("Pt m@di°9/ 0' legal) Case Matter Petition for Relief From Late
Other Non-Pi/PDIWD Tort (35) Writ-Other Limited Court Case Claim
Employment _ _ Review Other Civil Petition
Wl'0l'iQfU| Tel’fl'ill’l3tlOl’i (36) other Judida| Review (39)
Oihel’ Eml'~‘l°Yme"i (15) Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CM-O10 [Rev. July 1, 2007]
CIVIL CASE COVER SHEET
Pagelofl
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