Robitussin “Non-Drowsy” Cough Medicines with DXM Class Action

GlaxoSmithKline Consumer Healthcare Holdings (US), LLC (GSK) is supposedly one of the largest makers of cough medicines in the world. Some of its best-known products are the Robitussin line of cough medicines. The complaint alleges, however, that some of the Robitussin products contain dextromethorphan (DXM) but are labeled as being “Non-Drowsy,” even though drowsiness is a known side effect of DXM.

The class for this action is all consumes who, within the applicable limitations period, bought in New York (online or in person) Robitussin cough medicines containing DXM which are made, marketed, distributed, or sold by GSK and which GSK claimed were “non-drowsy.”

The products at issue include the following:

• Robitussin Maximum Strength Elderberry Cough + Chest Congestion DM
• Robitussin Maximum Strength Honey Cough + Chest Congestion DM
• Robitussin Maximum Strength Cough and Chest Congestion DM
• Robitussin Maximum Strength DM Day/Night Value pack
• Robitussin Maximum Strength Cough & Chest Congestion DM Capsules
• Robitussin Cough + Chest Congestion DM
• Robitussin Sugar-Free Cough + Chest Congestion DM
• Robitussin Children’s Cough & Chest Congestion DM
• Robitussin Children’s Honey Cough & Chest Congestion DM
• Robitussin Children’s Elderberry Cough + Chest Congestion DM
• Robitussin Children’s Cough & Cold CF

Robitussin products bring in some $1.4 billion dollars a year to GSK, the complaint alleges, meaning the even a small increase in the percentage of sales can bring the company enormous rewards.

The complaint alleges, “That immense incentive to increase sales of Robitussin was the likely catalyst for GSK to claim that all their Robitussin products containing DXM … marketed and sold in the United States are ‘non-drowsy,’ except for one ‘nighttime’ formulation containing a sedating antihistamine.”

“Disturbingly for consumers in the United States,” the complaint alleges, “GSK is well-aware that DXM can cause drowsiness because it is prohibited from making the same ‘non-drowsy’ claim in the United Kingdom where GSK’s parent company is headquartered.” In the UK, the complaint alleges, GSK must not only omit the “non-drowsy” claim for cough medicines containing DXM, it must also disclose that the medicines may cause drowsiness as a side effect.

The complaint quotes warnings on the cough medicines in the UK as reading, “This medicine can impair cognitive function and can affect a patient’s ability to drive safely” and “The medicine can affect your ability to drive as it may make you sleepy or dizzy.”

Page 6 of the complaint shows an image of the box for one of the products with its “Non-Drowsy” representation. Page 7 shows the Drug Facts panel, which does list Dextromethorphan HBr, and the Directions and other notes on the box, which do not saying anything about drowsiness.

According to the complaint, if the medicines had not had the “non-drowsy” representations and failed to disclose the side effect of drowsiness, consumers would not have bought the Robitussin products, “particularly if their doctor [had] advised them that DXM is not very effective in any event and has been demonstrated to be only ‘marginally superior to placebo’ in controlling coughs.”

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Non-Drowsy Claims