Phenylephrine Lawsuit Investigation: Decongestants Are Ineffective, FDA Panel Says
Last Updated on September 14, 2023
At A Glance
- This Alert Affects:
- Anyone who purchased over-the-counter (OTC) cold, flu and allergy medications containing a decongestant known as phenylephrine.
- What’s Going On?
- In September 2023, a panel of FDA advisors declared that phenylephrine, a popular nasal decongestant found in many OTC cold and allergy medications, doesn’t work. Attorneys are now investigating whether consumers who purchased these products could take action via a class action lawsuit.
- How Could a Class Action Lawsuit Help?
- If filed and successful, a class action lawsuit could give consumers the chance to get back some of the money they spent on the medicine.
- What You Can Do
- If you purchased an OTC nasal decongestant medicine containing phenylephrine, help this investigation by filling out the form on this page. You may be able to get a class action lawsuit started.
Attorneys working with ClassAction.org would like to speak to anyone who purchased over-the-counter (OTC) cold, flu and allergy medications containing a decongestant known as phenylephrine.
In September 2023, a panel of FDA advisors unanimously agreed that the ingredient, when taken orally, does not work to relieve nasal congestion.
Now, attorneys are investigating whether a class action lawsuit can be filed to help consumers get back some of the money they spent on ineffective cold and allergy medications. The New York Times reports that phenylephrine is found in “at least 250 products that were worth nearly $1.8 billion in sales last year.”
If you bought cold or allergy medication containing the decongestant phenylephrine, fill out the form on this page today. You may be able to help get a class action lawsuit started.
What Decongestants Contain Phenylephrine?
Over-the-counter medications containing phenylephrine reportedly include, but are not limited to, the following:
- CVS Nasal Decongestant PE
- CVS Health Daytime Soft Gels Severe Cold and Flu
- CVS Health Mucus Relief Sinus Severe Congestion and Pain
- DayQuil Severe Cold & Flu
- Mucinex Sinus Max Pressure Pain and Cough
- Mucinex Sinus Max Severe Congestion and Pain
- Mucinex Fast Max Cold, Flu and Sore Throat
- Mucinex Fast Max Severe Congestion and Cough
- Mucinex Fast Max Cold and Flu
- Nyquil Severe Cold and Flu
- Robitussin Severe Multi-Symptom Cough, Cold + Flu Syrup
- Robitussin Severe Multi-Symptom Nighttime Cough, Cold + Flu Syrup
- Sudafed PE Head Congestion and Pain
- Sudafed PE Sinus Congestion
Cold medications that do not specifically say they target congestion likely do not contain phenylephrine.
Also, keep in mind that there are two similar-sounding oral decongestants – phenylephrine and pseudoephedrine. Medications containing pseudoephedrine – which is not involved in the recent FDA advisory vote – are typically sold behind the pharmacy counter and require proof of identification upon purchase because they can be used to make methamphetamine.
Lastly, medicines containing phenylephrine may contain “PE” on their packaging.
FDA and Phenylephrine: What Happened?
On September 12, 2023, an FDA advisory committee voted 16-0 that current evidence does not show that phenylephrine is effective, backing the results of a recent agency review that found “numerous flaws” in the decades-old studies that helped support phenylephrine’s original approval.
The vote could potentially lead the FDA to take phenylephrine off the list of approved pill and liquid decongestants, resulting in the removal of hundreds of products containing the decongestant from the market.
Notably, the ruling pertains only to oral uses of phenylephrine – meaning nasal sprays containing the ingredient are still considered effective. Further, the vote does not mean phenylephrine-containing products are dangerous; experts have advised consumers not to panic and throw out the drugs as these medications may very well contain other ingredients that can help fight cold and flu symptoms.
How Could a Class Action Lawsuit Help?
If filed and successful, a class action lawsuit could help consumers get back some of the money they spent on these ineffective products. Attorneys believe many consumers wouldn’t have purchased the medicines if they knew they weren’t as effective as advertised.
Did you buy an over-the-counter medication that contains phenylephrine? If so, help the investigation by filling out the form on this page.
After you get in touch, an attorney or legal representative may reach out to you directly via email or phone to ask you a few questions and explain more.
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