Rite Aid Non-Drowsy Cold and Flu Medicines Cause Drowsiness, Class Action Alleges

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action alleges the labels of certain Rite Aid-brand over-the-counter cold and flu medicines falsely represent the products as “non-drowsy” while failing to disclose that they contain an active ingredient known to cause drowsiness.

The 23-page case says the packaging of Rite Aid Corporation’s private-label versions of DayQuil and Robitussin prominently state that the products are “non-drowsy,” which leads consumers to reasonably expect that the medications will not cause drowsiness. The suit alleges, however, that the products—including Rite Aid Cough & Chest Congestion DM Max, Rite Aid Daytime Cold & Flu Relief Softgels and Rite Aid Severe Multi-Symptom Cough, Cold & Flu—contain dextromethorphan hydrobromide (DXM), a common side effect of which is drowsiness.

Per the case, the labels of the Rite Aid products at issue make no mention of the fact that they can cause drowsiness or that drowsiness is a side effect of taking the medication. As a result, the suit says, consumers have been misled by the “non-drowsy” statement on the medications’ packaging and paid more for the products than they otherwise would have.

“This was a material misrepresentation that Plaintiff—and other reasonable consumers—relied on when deciding to buy the products,” the complaint attests. “Had Defendant been truthful, Plaintiff and other consumers would not have purchased the products or would have paid less for them.”

According to the case, drowsiness is a documented side effect of DXM, an active ingredient commonly found in cold and flu medications, even at recommended dosages. It’s for this reason that the Federal Aviation Administration prohibits pilots from flying after taking medicines containing DXM, the lawsuit adds.

The case alleges that consumers seek medicines marketed as non-drowsy when they are planning to engage in activities that require them to be alert, such as working or driving.

The plaintiff in the case, a California consumer, claims to have relied upon Rite Aid’s “non-drowsy” representations when he purchased Rite Aid “Non-Drowsy” Daytime Severe Cold & Flu Relief. According to the suit, the plaintiff lost the benefit of his bargain because the product he purchased was not as advertised and caused him to become “unexpectedly drowsy.”

The plaintiff looks to represent anyone who purchased a non-drowsy Rite Aid medication—i.e., all Rite Aid products labeled as “Non-Drowsy” that contain DXM—in the U.S. within the applicable statute of limitations period. 

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s newsletter here.