The Procter & Gamble Company owns the Vicks brand, which offers a combination pack of two over-the-counter products: Dayquil and SuperC. But the complaint for this class action takes issue with the combination product, alleging that it leads consumers to think that the SuperC vitamin C product will help with the “Severe Cold & Flu” whose symptoms the Dayquil is intended to address.
Two classes have been defined for this action:
- The Illinois Class is all persons in Illinois who bought the product during the applicable statute of limitations.
- The Consumer Fraud Multi-State Class is all persons in Utah, South Dakota, Kansas, Mississippi, Arkansas, Alaska, and North Carolina who bought the product during the applicable statute of limitations.
Studies have shown, the complaint alleges, that consumers believe that vitamin C can help with the symptoms of colds or flu. But the complaint alleges that this is not true: “Though some studies have shown that regularly taking vitamin C supplements may decrease the duration of cold and flu symptoms, consuming this after symptoms appear—[which is when] consumers would seek the Product—has no effect.”
Page 1 of the complaint shows the combination packaging of the two products.
The Dayquil product contains three active ingredients, acetaminophen (for pain relief), dextromethorphan HBr (as a cough medicine), and doxylamine succinate (an antihistamine for sneezing and runny nose). Its front label shows the words, “Severe Cold & Flu,” “Headache, Fever, Sore Throat, Minor Aches & Pains,” “Chest Congestion, Thins & Loosens Mucus,” and “Cough.” According to the complaint, the Food and Drug Administration (FDA) has approved the three ingredients for the treatment of the listed conditions.
The SuperC product has quite a different set of representations. It claims to contain “1000mg vitamin C” as well as “B vitamins” and “Green Tea, Ginseng, Turmeric Extracts,” intended to “Energize + Replenish,” and also said to “Help[] replenish essential vitamins + provide a healthy energy boost.” However, on a different panel of the box, shown on page 3 of the complaint, is a warning: “This Product Is Not Intended to Treat Colds or Flu.”
The complaint alleges that the co-packaging of the vitamin C with the Dayquil misleads consumers to “expect it is intended to be used with the approved OTC combination for the common therapeutic purpose of alleviating cold and flu symptoms.”
According to the complaint, “[t]he FDA considered, but rejected approved OTC combination drugs from adding vitamin C and other vitamins and botanical ingredients touted for prevention and treatment of the common cold, because it concluded that consumers were misled to believe that both components were evaluated and approved for their effectiveness.”
The complaint alleges that combining the cold and flu remedy with the vitamin C product is therefore misleading.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
SuperC Packaged with Dayquil Ineffective for Flu Class Action
January 22, 2023
The Procter & Gamble Company owns the Vicks brand, which offers a combination pack of two over-the-counter products: Dayquil and SuperC. But the complaint for this class action takes issue with the combination product, alleging that it leads consumers to think that the SuperC vitamin C product will help with the “Severe Cold & Flu” whose symptoms the Dayquil is intended to address.
SuperC Packaged with Dayquil Ineffective for Flu Class ActionCase Event History
SuperC Packaged with Dayquil Ineffective for Flu Class Action
January 22, 2023
The Procter & Gamble Company owns the Vicks brand, which offers a combination pack of two over-the-counter products: Dayquil and SuperC. But the complaint for this class action takes issue with the combination product, alleging that it leads consumers to think that the SuperC vitamin C product will help with the “Severe Cold & Flu” whose symptoms the Dayquil is intended to address.
SuperC Packaged with Dayquil Ineffective for Flu Class Action