Ready In Case Cough Medicine Mislabeled as ‘Non-Drowsy,’ Class Action Alleges

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A proposed class action claims Ready In Case over-the-counter cold and flu medicine is falsely promoted as “non-drowsy,” even though it contains an active ingredient known to cause drowsiness.

According to the 12-page case, defendant PL Developments Copiague, LLC has marketed its Ready In Case medications as non-drowsy in order to sell more of the products, and at higher prices. The filing alleges that the non-drowsy representation displayed on product labels is false and misleading given the medicine contains dextromethorphan hydrobromide, a common side effect of which is drowsiness.

The lawsuit explains that many consumers seek over-the-counter cold and flu medications touted as non-drowsy when they want to feel better yet remain active, especially for work, family obligations or “a desire to maintain control of their senses.” According to the suit, the defendant has sought to take advantage of this desire by labeling its Ready In Case cold and flu medication as “non-drowsy” even though it contains dextromethorphan hydrobromide, a common active ingredient in oral antitussive products that’s known to cause drowsiness, among other side effects.

The case alleges, however, that federal regulations prohibit manufacturers such as PL Developments Copiague from making statements on product labels that are “half-truths, misleading, or false.” Per the lawsuit, the “non-drowsy” representation for the Ready In Case product has caused consumers to pay more for the medicine than they otherwise would have had it been truthfully advertised.

Moreover, consumers might not have purchased the Ready In Case product, or would have paid less for it, had they known the purportedly non-drowsy medication could cause drowsiness, the case contends.

“The value of the Product that Plaintiff purchased was materially less than its value as represented by Defendant,” the complaint states. “Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.”

The lawsuit looks to cover anyone in Michigan, Iowa, New York, New Hampshire, New Mexico, Georgia, Michigan, Texas, Arkansas, Delaware, Wyoming, Virginia and Oklahoma who purchased the Ready In Case cold and flu medication within the statute of limitations period.

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