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Tylenol “Non-Drowsy” Cough Medicine Containing DXM Class Action

Johnson & Johnson Consumer, Inc. makes Tylenol products, including over-the-counter cough medicine. Some of these medicines are labeled as being “Non-Drowsy” but also contain dextromethorphan hydrobromide (DXM). The complaint for this class action alleges that this is misleading, because “products containing DXM—and thus the Non-Drowsy Tylenol Products—do cause drowsiness, and [] drowsiness is a common side effect of DXM.”

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

  • The Nationwide Class for this action is all persons who bought a “Non-Drowsy” Tylenol product in the US during the applicable statutes of limitations.
  • The Consumer Protection Subclass includes those in the Nationwide Class who live in Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Washington, DC, Georgia, Hawaii, Idaho, Illinois, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
  • The California Subclass includes those in the Nationwide Class who bought the products in California.

Pages 3 and 4 of the complaint show images of three Tylenol products at issue in this case: Tylenol Cold + Flu Severe, Tylenol Cold Max, and Tylenol Cold + Mucus Severe. Each label displays a yellow patch near the center of the front label with a stylized image of the sun and the words “Day” and “Non-Drowsy.”

The complaint alleges that the company “labeled the products this way because it intended consumers to rely on the labels and to believe that the products would not cause drowsiness, so that consumers would buy more products or pay more for them.” However, the complaint asserts that “drowsiness is a common side effect at the recommended dosages.”

The complaint quotes a study that found that “[s]omnolence is a common side effect of centrally acting antitussive drugs” (such as dextromethorphan), and that 10.4% of users experienced drowsiness within three days of starting to use DXM cough medicine. The study also said that “cases of intense somnolence” were “related only to dextromethorphan” and not to another drug studied at the same time.

The complaint alleges that “patients in this clinical study were given an even smaller dosage of DXM (15mg three times a day) than the recommended dose found in many Tylenol products.”

The Food and Drug Administration maintains an adverse-event report database that shows “sedation” as a frequent side effect of products containing dextromethorphan. Because of this, the complaint claims that the Federal Aviation Administration prohibits pilots from flying after ingesting medicines that contain ‘dextromethorphan’…”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Tylenol “Non-Drowsy” Cough Medicine Containing DXM Complaint

January 20, 2022

Johnson & Johnson Consumer, Inc. makes Tylenol products, including over-the-counter cough medicine. Some of these medicines are labeled as being “Non-Drowsy” but also contain dextromethorphan hydrobromide (DXM). The complaint for this class action alleges that this is misleading, because “products containing DXM—and thus the Non-Drowsy Tylenol Products—do cause drowsiness, and [] drowsiness is a common side effect of DXM.”

Tylenol “Non-Drowsy” Cough Medicine Containing DXM Complaint

Case Event History

Tylenol “Non-Drowsy” Cough Medicine Containing DXM Complaint

January 20, 2022

Johnson & Johnson Consumer, Inc. makes Tylenol products, including over-the-counter cough medicine. Some of these medicines are labeled as being “Non-Drowsy” but also contain dextromethorphan hydrobromide (DXM). The complaint for this class action alleges that this is misleading, because “products containing DXM—and thus the Non-Drowsy Tylenol Products—do cause drowsiness, and [] drowsiness is a common side effect of DXM.”

Tylenol “Non-Drowsy” Cough Medicine Containing DXM Complaint
Tags: Deceptive Advertising, Deceptive Labels, Non-Drowsy Claims