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Attorney General William H. Sorrell Announces Vermont Will Receive $150,000 From A Settlement With Marketers Of Dietary Supplements

CONTACT: Julie Brill, Assistant Attorney General, (802) 828-3658

December 16, 2008 - Vermont will receive $150,000 as a result of a settlement with the marketers of the number-one selling product in the cold and cough aisles of major retailers. Airborne Health, Inc., the Florida-based maker of the Airborne Effervescent Health Formula, and its founders and current owners, Victoria Knight-McDowell and her husband Thomas John McDowell (collectively “Airborne”), have agreed to pay $150,000 to Vermont to resolve allegations that Airborne made unlawful marketing claims concerning its products. The settlement resolves the Attorney General’s concerns regarding various Airborne products, including Airborne – Original, Nighttime, On-The-Go, and Gummi Lozenges.

The lawsuit filed today by the Attorney General Sorrell alleges that Airborne made health-related claims in the marketing of its line of dietary supplements, and that at the time the claims were made, Airborne did not have competent and reliable scientific evidence to support its claims that these products prevented colds and fought sore throats, germs and allergies. The Attorney General also alleges that the Airborne failed to adequately warn consumers about potential health risks to select populations, including pregnant women, under older formulations of Airborne products.

Attorney General Sorrell is joined in today’s settlement by the Attorneys General of 32 other states. Airborne has agreed to pay the states a total of $7 million to resolve the concerns of the Attorneys General, which represents the largest payment to date in a multistate settlement with a dietary supplement producer.

For further information on this case, see the court documents posted on the Attorney General’s website at www.atg.state.vt.us.

  Website consulting provided by The National Association of Attorneys General.