Class Action Alleges DayQuil Cough Medicine Falsely Advertised as ‘Non-Drowsy’

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A proposed class action alleges Procter & Gamble has falsely advertised DayQuil cough medicine as “Non-Drowsy” even though one of the product’s active ingredients is known to cause drowsiness.

According to the 21-page lawsuit, DayQuil over-the-counter cough medicine contains dextromethorphan hydrobromide (DXM), a common side effect of which is drowsiness. The case claims consumers have been misled by the product’s packaging into believing the medicine would not cause drowsiness, and were thus overcharged for DayQuil.

“Defendant 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,” the complaint alleges.

Per the case, drowsiness is a documented side effect of DXM even at recommended doses. Thus, because the DayQuil products are labeled as non-drowsy, consumers reasonably expect that drowsiness is not a side effect and that the medicine will not cause drowsiness, the suit states. 

According to the lawsuit, the DayQuil product’s packaging contains no language that a reasonable consumer would understand to mean that the medication causes drowsiness. The complaint contends that a medicine’s propensity to cause drowsiness is material to a reasonable consumer given non-drowsy medicines are preferred in certain situations, including when an individual is planning to engage in activities for which they’re required to be alert, such as work or driving.

The plaintiff in the case, who claims to have become “unexpectedly drowsy” after taking DayQuil in late 2021, says she would not have purchased the medicine had she known it would cause drowsiness.

The plaintiff looks to represent anyone who purchased a non-drowsy DayQuil product in the U.S. during the applicable statute of limitations, as well as several state-specific subclasses.

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