Forcellati v. Hyland's, Inc.

Forcellati (plaintiff) sued Hyland's (defendant) in a class action, alleging its homeopathic children's cold and flu medicine contained active ingredients so diluted it amounted to little more than flavored water, and asserting a claim under the Magnuson-Moss Act, a federal consumer-warranty statute. Hyland's moved to dismiss, arguing over-the-counter medications aren't "consumer products" for Magnuson-Moss purposes because the separate Food, Drug, and Cosmetics Act (FDCA) excludes drugs from its own definition of that term.