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CVS Health “Non-Drowsy” Generics Cause Drowsiness Class Action

Like a number of large pharmacy chains, CVS (CVS Health Corporation and CVS Pharmacy, Inc.) makes its own line of medicines. The CVS Health cough medicines include generic versions of Robitussin, DayQuil, and Tylenol cough medicines, and some of the CVS generics are labeled as being “Non-Drowsy” formulas. The complaint for this class action alleges that some of the CVS Non-Drowsy cough medicines contain dextromethorphan hydrobromide, or DXM, which does cause drowsiness.

The Nationwide Class for this action is all persons who bought a Non-Drowsy CVS Health product in the US during that applicable statute of limitations. A New York Subclass and a Consumer Protection Subclass have been proposed for certain claims of consumers who live in certain states.

The complaint shows images of a number of these CVS Health products, including Tussin DM, Multi-Symptom Cold Relief, and Daytime Cold & Flu Relief. Each of the bottles shows the words “Non-Drowsy” on its front.

“In truth,” the complaint alleges, “products containing DXM—like the Non-Drowsy CVS Products—do cause drowsiness and drowsiness is a documented side effect of DXM.”

The complaint quotes a study that compares dextromethorphan with another drug as saying, “Somnolence is a common side effect or centrally acting antitussive drugs” like DXM, and that “cases of intense somnolence” in the study were “related only to dextromethorphan and not to the other drug. The complaint claims that the doses given for the study were “even smaller … than the recommended dose found in many CVS Health products.”

Also, the complaint claims that the Food and Drug Administration’s (FDA’s) “adverse event report database confirms that ‘sedation’ is one of the most frequently-cited side-effects of dextromethorphan-containing products.” Because of this, the complaint alleges that the Federal Aviation Administration forbids pilots from flying if they have taken medicine that contains dextromethorphan.

The complaint therefore considers the products’ “Non-Drowsy” labeling to be false or misleading, saying, “It is misleading to label a product ‘Non-Drowsy’ when it does cause drowsiness, or if drowsiness is a known side effect of one of its active ingredients.”

Whether a medicine causes drowsiness is material to consumers, the complaint says. It adds, “Indeed, in many situations, taking a drug that does or can cause drowsiness can be dangerous. For example, taking a drug that causes drowsiness while driving is dangerous.”

Pages 9 and 10 of the complaint show the labeling of two other, similar medicines, one without any claim to being “Non-Drowsy” and the other that is labeled “Less Drowsy.”

The counts include breach of express warranty. violations of the New York General Business Law, and violations of state consumer protection acts.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

CVS Health “Non-Drowsy” Generics Cause Drowsiness Complaint

December 17, 2021

Like a number of large pharmacy chains, CVS (CVS Health Corporation and CVS Pharmacy, Inc.) makes its own line of medicines. The CVS Health cough medicines include generic versions of Robitussin, DayQuil, and Tylenol cough medicines, and some of the CVS generics are labeled as being “Non-Drowsy” formulas. The complaint for this class action alleges that some of the CVS Non-Drowsy cough medicines contain dextromethorphan hydrobromide, or DXM, which does cause drowsiness.

CVS Health “Non-Drowsy” Generics Cause Drowsiness Complaint

Case Event History

CVS Health “Non-Drowsy” Generics Cause Drowsiness Complaint

December 17, 2021

Like a number of large pharmacy chains, CVS (CVS Health Corporation and CVS Pharmacy, Inc.) makes its own line of medicines. The CVS Health cough medicines include generic versions of Robitussin, DayQuil, and Tylenol cough medicines, and some of the CVS generics are labeled as being “Non-Drowsy” formulas. The complaint for this class action alleges that some of the CVS Non-Drowsy cough medicines contain dextromethorphan hydrobromide, or DXM, which does cause drowsiness.

CVS Health “Non-Drowsy” Generics Cause Drowsiness Complaint
Tags: Deceptive Advertising, Deceptive Labels, Non-Drowsy Claims