Rite Aid Corporation makes its own cold, cough, and flu medicine, including generic versions of brand-name medicines like DayQuil and Robitussin. The complaint alleges that some of the Rite Aid medicines are labeled as being “Non-Drowsy,” even though they contain dextromethorphan hydrobromide (DXM), which is known to cause drowsiness.
The Nationwide Class is all persons who bought a “Non-Drowsy” Rite Aid product in the US during the applicable statute of limitations. Certain claims in the complaint are made on behalf of two subclasses in certain states—the Consumer Protection Subclass and the California Subclass.
Pages 3 and 4 of the complaint display images of the products: Rite Aid Cough & Chest Congestion DM Max; Rite Aid Daytime Cold & Flu Relief Softgels; and Rite Aid Multi-Symptom Cold, Cough & Flu.
Over each package image is a red oval calling attention to the claim “Non-Drowsy.” The complaint alleges, “These representations are materially the same across all Non-Drowsy Rite Aid Products.” However, the complaint alleges that all of these products cause drowsiness.
The complaint refers to an article about dextromethorphan on website, Medline Plus, and asserts, “Drowsiness is a documented side effect of DXM at the recommended dosages.”
It also alleges that “a study of DXM found that ‘[s]omnolence is a common side effect of centrally acting antitussive drugs’ like dextromethorphan, and that 10.4% of users of products containing dextromethorphan develop drowsiness within three days of starting treatment with DXM cough medicine.”
In the study, it claims, the “cases of intense somnolence” were “related only to dextromethorphan” and not to another drug in the study. The dose of DXM given to patients in the study, it claims, was smaller than the recommended dosage in the Rite Aid product.
In fact, the complaint alleges that the Federal Aviation Administration forbids pilots from flying after they have taken DXM.
The complaint asserts that Rite Aid “researched the known and common side effects of DXM. … As a result, [Rite Aid] knew that DXM causes drowsiness.”
Whether a drug causes drowsiness is material to a reasonable customer, 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.”
The complaint alleges, “The Food and Drug Administration prohibits drug labeling that is ‘false and misleading.’ … 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 counts include violations of consumer protection laws, negligent misrepresentation, and intentional misrepresentation, among other things.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Rite Aid “Non-Drowsy” Medicines Cause Drowsiness Complaint
February 16, 2022
Rite Aid Corporation makes its own cold, cough, and flu medicine, including generic versions of brand-name medicines like DayQuil and Robitussin. The complaint alleges that some of the Rite Aid medicines are labeled as being “Non-Drowsy,” even though they contain dextromethorphan hydrobromide (DXM), which is known to cause drowsiness.
Rite Aid “Non-Drowsy” Medicines Cause Drowsiness ComplaintCase Event History
Rite Aid “Non-Drowsy” Medicines Cause Drowsiness Complaint
February 16, 2022
Rite Aid Corporation makes its own cold, cough, and flu medicine, including generic versions of brand-name medicines like DayQuil and Robitussin. The complaint alleges that some of the Rite Aid medicines are labeled as being “Non-Drowsy,” even though they contain dextromethorphan hydrobromide (DXM), which is known to cause drowsiness.
Rite Aid “Non-Drowsy” Medicines Cause Drowsiness Complaint