Airborne barred from saying that product treats colds, flu

Airborne Health, makers of a top-selling product marketed as a cold prevention and treatment remedy, signed a $7 million settlement Tuesday to settle false advertising claims leveled by 32 state attorneys general and the District of Columbia.

The settlement, which includes Washington state, bars the company from claiming that any of its products fight germs, treats cold symptoms or prevent colds, flu and infections unless it can back up those claims with "reliable and competent scientific evidence."

Airborne was not able to supply such evidence, according to Washington attorney general senior counsel Robert Lipson.

The Florida-based company also is barred from influencing where retailers display Airborne products, including its popular Airborne Effervescent Health Formula.

The company issued a statement denying wrongdoing. It said it settled the claims to "close the book on these legal and regulatory issues." It continues to market the product as a dietary supplement that "supports" the immune system.

In August, Airborne agreed to pay up to $30 million to settle false-advertising accusations made by the Federal Trade Commission and consumers in a private class-action lawsuit filed in California.

Despite the legal actions, online pharmacies and retailers continue to market Airborne products for cold prevention and treatment. Some Web sites even advise consumers to "take at the first sign of a cold," language specifically prohibited by the agreement.

Washington's will receive $150,000 from the $7 million settlement.

No decision has been made on the how the money will be spent.

Susan Kelleher: 206-464-2508 or skelleher@seattletimes.com