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Some Robitussin “Non-Drowsy” Products Contain DXM Class Action

Can non-drowsy medicine products make you drowsy? This class action brings suit against GlaxoSmithKline Consuer Healthcare Holdings (US), LLC, GSK Consumer Health, Inc., and Pfizer, Inc., alleging that many of their Robitussin over-the-counter medicine products are labeled as being “non-drowsy” even though they contain dextromethorphan hydrobromide (DXM), a substance that makes users drowsy.

The Nationwide Class for this action is all persons who bought a Non-Drowsy Robitussin product in the US during the applicable statutes of limitations. A California Subclass has also been defined, for those who bought the products in that state.

The products at issue include the following:

  • Robitussin Honey Cough + Chest Congestion DM
  • Robitussin Maximum Strength DM Day/Night Pack
  • Robitussin Maximum Strength DM Day/Night Pack
  • Robitussin Maximum Strength Severe Multi-Symptom Cough Cold + Flu
  • Robitussin Maximum Strength Severe Multi-Symptom Cough Cold + Flue Pack
  • Robitussin Maximum Strength Sever Cough + Sore Throat
  • Robitussin Maximum Strength Cough & Chest Congestion DM Capsules
  • Robitussin Cough + Congestion DM
  • Robitussin Sugar Free Cough + Chest Congestion DM
  • Robitussin Multi-Symptom Cold CF
  • Robitussin Long-Acting CoughGels
  • Robitussin Maximum Strength Honey Severe Cough, Flu + Sore Throat
  • Robitussin Children’s Cough & Chest Congestion DM
  • Robitussin Children’s Cough & Cold CF
  • Robitussin Children’s Honey Cough & Chest Congestion DM
  • Robitussin Children’s DM Day/Night Pack

All of these products display the promise “Non-Drowsy” on their front labels.

The complaint alleges, “At least 16 Robitussin products containing DXM prominently state on the front of their label that they are ‘Non-Drowsy.’” According to the complaint, “drowsiness is a known side effect of DXM.” Therefore, it says, the companies have misled consumers about the effects of the product.

According to the complaint, “Authorities such as the Mayo Clinic and the National Library of Medicine list drowsiness as a side effect of DXM.” In fact, this side effect is widely accepted enough that the Federal Aviation Administration does not allow pilots to fly for 48 hours after they take medicines containing DXM.

The Food and Drug Administration (FDA) forbids drug companies from labeling medicines in a way that is false or misleading. The complaint alleges it is misleading to label a drug containing DXM “Non-Drowsy.” If the company believes the product creates less drowsiness than other similar ones, the complaint claims, it can say “Less Drowsy” on the label.

Consumers are likely to prefer drugs that do not cause drowsiness, the complaint claims. Drowsiness can be dangerous to users in certain situations, for example, if the user will be driving or flying a plane.

The counts include breaches of warranties and violations of state consumer protection laws, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Some Robitussin “Non-Drowsy” Products Contain DXM Complaint

December 6, 2021

Can non-drowsy medicine products make you drowsy? This class action brings suit against GlaxoSmithKline Consuer Healthcare Holdings (US), LLC, GSK Consumer Health, Inc., and Pfizer, Inc., alleging that many of their Robitussin over-the-counter medicine products are labeled as being “non-drowsy” even though they contain dextromethorphan hydrobromide (DXM), a substance that makes users drowsy.

Some Robitussin “Non-Drowsy” Products Contain DXM Complaint

Case Event History

Some Robitussin “Non-Drowsy” Products Contain DXM Complaint

December 6, 2021

Can non-drowsy medicine products make you drowsy? This class action brings suit against GlaxoSmithKline Consuer Healthcare Holdings (US), LLC, GSK Consumer Health, Inc., and Pfizer, Inc., alleging that many of their Robitussin over-the-counter medicine products are labeled as being “non-drowsy” even though they contain dextromethorphan hydrobromide (DXM), a substance that makes users drowsy.

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