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Signature Care “Non-Drowsy” Products Contain DXM Class Action

Albertsons Companies, Inc. makes products under the Signature Care brand, including certain over-the-counter cough and cold and flu medicines, some of which are generic versions of popular brand-name medicines like Dayquil and Robitussin. Albertsons advertises some of these products as being “non-drowsy” or “daytime” products, but the complaint alleges that this is not true for the products that contain dextromethorphan hydrobromide (DXM).

The complaint proposes a class and two subclasses for this action:

  • The Nationwide Class is all persons who bought a Non-Drowsy Signature Care product in the US during the applicable statute of limitations.
  • The Consumer Protection Subclass is consumers who live in certain states identified in the complaint.
  • In the alternative, the Illinois Subclass is consumers who bought the non-drowsy Signature Care products in Illinois.

The products at issue in this case are all Signature Care products that are labeled as being “Non-Drowsy” that contain dextromethorphan hydrobromide.

The complaint alleges that the labeling of the products as “Non-Drowsy” misleads consumers to believe that the products do not cause drowsiness, and to believe that they are made to be used in the daytime, “during waking hours, at work, and while driving and operating machinery.”

However, the complaint claims this is not true, and that “products containing DXM—and thus the Non-Drowsy Signature Care products—do cause drowsiness, and that drowsiness is a known side effect of DXM (a fact not known by the average consumer).”

Pages 3-5 of the complaint show images of three of the products at issue—Signature Care Daytime Severe Cold & Flu Relief Liquid, Signature Care Adult Cough + Chest Congestion Relief DM, and Signature Care Daytime Cold & Flu Relief Softgels—with attention called to the “Non-Drowsy” claims on their packaging. Page 6 shows an image of the contrasting Nighttime Cold & Flu Relief product without those claims.

The complaint alleges, “In reality, however, the ‘Daytime’ version causes drowsiness. Accordingly, if a reasonable consumer 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 they need to be alert.”

According to the complaint, “[a]uthorities such as the National Library of Medicine list drowsiness as a side effect of DXM.” Also, the complaint says, “the FDA’s adverse event report confirms that sedation (i.e., drowsiness) is one of the most frequently-cited side effects of dextromethorphan-containing products.” Because of this, the complaint alleges, “the Federal Aviation Administration prohibits pilots from flying after ingesting DXM.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Signature Care “Non-Drowsy” Products Contain DXM Complaint

February 4, 2022

Albertsons Companies, Inc. makes products under the Signature Care brand, including certain over-the-counter cough and cold and flu medicines, some of which are generic versions of popular brand-name medicines like Dayquil and Robitussin. Albertsons advertises some of these products as being “non-drowsy” or “daytime” products, but the complaint alleges that this is not true for the products that contain dextromethorphan hydrobromide (DXM).

Signature Care “Non-Drowsy” Products Contain DXM Complaint

Case Event History

Signature Care “Non-Drowsy” Products Contain DXM Complaint

February 4, 2022

Albertsons Companies, Inc. makes products under the Signature Care brand, including certain over-the-counter cough and cold and flu medicines, some of which are generic versions of popular brand-name medicines like Dayquil and Robitussin. Albertsons advertises some of these products as being “non-drowsy” or “daytime” products, but the complaint alleges that this is not true for the products that contain dextromethorphan hydrobromide (DXM).

Signature Care “Non-Drowsy” Products Contain DXM Complaint
Tags: Deceptive Advertising, Deceptive Labels, Non-Drowsy Claims