Not really. The product is marketed as a safe and effective remedy for, in the example, fever. A person purchases it for the purpose the label indicates it is effective against. The product does nothing to alleviate the fever and the patient suffers convulsions due to fever. Was harm done? Quite definitely. What caused the harm? Not the patient, and while the product itself did no direct harm, the erroneous and self serving declaration by the manufacturer led the patient to eschew other products that would have actually curbed the fever.
In a law suit the drug itself is not sued, the manufacturer is sued. If its a product that caused direct harm that is the basis of the suit but in this case the manufacturer is sued because the product is marketed as a remedy but has no effect and, in the case of many homeopathic concoctions, has no rigorous research to back the claim.
If Pfizer markets a drug and that drug is found to cause increase risk of heart attack they are sued. It is unconscionable that a drug causes more harm than good yet marketed simply to make money for Pfizer. However, if one markets sugar water to alleviate fever knowing there is no basis for the claim then the only reason to market it is to make money. Its just as unconscionable to market this as it was for Pfizer but for some unfathomable justification , many people will give the homeopathic manufacturer a pass. Why?
IMNSHO all homeopathic concoctions should be required to have a warning label , the size of cigarette warning labels, indicating that there is no scientifically valid research to back the claims made for its effectiveness.