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GoodSense “Non-Drowsy” Medicines Cause Drowsiness Class Action

GoodSense over-the-counter cough, cold, and flu medicines are made by Perrigo Company and Perrigo Research & Development. They include generic versions of brands like Dayquil and Robitussin. However, the complaint alleges the companies market these as being “Non-Drowsy” even though they contain dextromethorphan hydrobromide (DXM), an ingredient that does cause drowsiness.

The Nationwide Class for this action is all persons who bought a Non-Drowsy GoodSense product during the applicable statute of limitations. The complaint also defines Colorado and Tennessee Subclasses for those who bought the products in Colorado or Tennessee, respectively.

Pages 4-5 of the complaint show images of two of the medicines at issue—GoodSense Daytime Cold & Flu Multi-Symptom Relief Liquid and GoodSense Tussin DM Cough & Chest Congestion. Both products show the words “Non-Drowsy” on their front labels.

Page 6 shows a “Night Time” Cough medicine, which seems from its design to be a nighttime companion product to the Daytime product and which does not have a “Non-Drowsy” claim on the label.

The complaint alleges the companies mislead consumers about the daytime or “Non-Drowsy” medicines: “In reality, the Products cause drowsiness, which in effect destroys the primary reason for purchasing the ‘Daytime’ Products in the first place—for use during the day, when consumers do not want to be drowsy.”

According to the complaint, the medicines at issue all have 20 mg of DXM per single dose. The complaint alleges, “Drowsiness is a documented side effect of DXM at the recommended dosages. Authorities such as the National Library of Medicine list drowsiness as a side effect of DXM.”

The complaint quotes a study of DXM along with another drug as saying that “cases of intense somnolence” were “related only to dextromethorphan” and not to the other drug in the study. The study dosage, the complaint alleges, was 15 mg three times a day, smaller than the recommended dosage for many of the GoodSense products.

Drowsiness is well enough known as a side effect of DXM, the complaint claims, that the Federal Aviation Administration forbids pilots from flying after they have taken DXM.

The companies “knew that their labeling was false and misleading,” the complaint says, “or were reckless or willfully blind to this fact.”

The complaint claims, “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, or flying a plane, is dangerous.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

GoodSense “Non-Drowsy” Medicines Cause Drowsiness Complaint

February 24, 2022

GoodSense over-the-counter cough, cold, and flu medicines are made by Perrigo Company and Perrigo Research & Development. They include generic versions of brands like Dayquil and Robitussin. However, the complaint alleges the companies market these as being “Non-Drowsy” even though they contain dextromethorphan hydrobromide (DXM), an ingredient that does cause drowsiness.

GoodSense “Non-Drowsy” Medicines Cause Drowsiness Complaint

Case Event History

GoodSense “Non-Drowsy” Medicines Cause Drowsiness Complaint

February 24, 2022

GoodSense over-the-counter cough, cold, and flu medicines are made by Perrigo Company and Perrigo Research & Development. They include generic versions of brands like Dayquil and Robitussin. However, the complaint alleges the companies market these as being “Non-Drowsy” even though they contain dextromethorphan hydrobromide (DXM), an ingredient that does cause drowsiness.

GoodSense “Non-Drowsy” Medicines Cause Drowsiness Complaint
Tags: Deceptive Advertising, Deceptive Labels, Non-Drowsy Claims