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Meijer “Non-Drowsy” Medicines Cause Drowsiness Class Action

Meijer, Inc. offers a number of over-the-counter cough, cold, and flu medicines, including generic versions of brands like Dayquil and Robitussin. However, the complaint alleges the company markets 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 Meijer product in the US during the applicable statute of limitations. Michigan and Ohio Subclasses have also been defined for those who bought a Non-Drowsy Meijer product in Michigan or Ohio, respectively, during the applicable statute of limitations.

On pages 4 and 5 of the complaint are images of three of the products at issue: Meijer Daytime Cold & Flu Liquid Medicine, Meijer Daytime Severe Cold & Flu Caplets, and Meijer Multi-Symptom Cold Cough Syrup. Highlighted in an oval in each of the images are the words “Non-Drowsy.”

This is contrasted on page 6 of the complaint with a “nitetime” medicine that seems to be a companion product to the daytime medicine, and which does not have any designation about drowsiness.

According to the complaint, the “Non-Drowsy” claims are not true: “In reality,” it claims, “the ‘Daytime’ version causes drowsiness. Accordingly, if reasonable consumers knew the truth, it would eviscerate the reason that consumers buy ‘Daytime’ cold and flu relief products in the first place: to avoid drowsiness when then need to be alert.”

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 Non-Drowsy Meijer 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 Food and Drug Administration (FDA) forbids drug companies to use labeling that is “false or misleading[,]” the complaint claims. It alleges, “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.”

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

The complaint claims that “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

Meijer “Non-Drowsy” Medicines Cause Drowsiness Complaint

February 25, 2022

Meijer, Inc. offers a number of over-the-counter cough, cold, and flu medicines, including generic versions of brands like Dayquil and Robitussin. However, the complaint alleges the company markets these as being “Non-Drowsy,” even though they contain dextromethorphan hydrobromide (DXM), an ingredient that does cause drowsiness.

Meijer “Non-Drowsy” Medicines Cause Drowsiness Complaint

Case Event History

Meijer “Non-Drowsy” Medicines Cause Drowsiness Complaint

February 25, 2022

Meijer, Inc. offers a number of over-the-counter cough, cold, and flu medicines, including generic versions of brands like Dayquil and Robitussin. However, the complaint alleges the company markets these as being “Non-Drowsy,” even though they contain dextromethorphan hydrobromide (DXM), an ingredient that does cause drowsiness.

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