Kmart sued for overselling its Airborne-like product

The class action complaint filed in Illinois state court states that Kmart promotes this product, “Germ Defense” to be compared to Airborne.  The specific claims are that it protects users from airborne germs, that it boosts the immune system, has an “effervesent” health formula and decreases the likelihood of getting sick.  The complaint simply states that none of these claims are true.

A couple of thoughts: first, does Airborne really do any of these things?  Is the issue that this product isn’t comparable to Airborne or that it makes unsupportable claims?  The other thing is a question about branding; do consumer trust the Kmart brand?  Is this lawsuit damaging to the brand?

Complaint courtesy Courthousenews

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