CVS class action claims acetaminophen PM product addictive

CVS class action lawsuit overview: 

• Who: Meghan McIntire filed a class action lawsuit against CVS Pharmacy Inc. 
• Why: McIntire claims CVS falsely advertises that its acetaminophen PM products are non-habit-forming, when, in reality, they contain diphenhydramine HCL, a sedative that users can develop a tolerance to, leading to habitual use.
• Where: The class action lawsuit was filed in California federal court.

A new class action lawsuit alleges that CVS Pharmacy falsely advertises its acetaminophen PM products as non-habit-forming.

Plaintiff Meghan McIntire’s class action lawsuit claims the CVS Acetaminophen PM products, in reality, contain diphenhydramine HCL, a sedative known to cause drowsiness and sedation that can cause users to develop a tolerance, leading to habitual use.

“Users of diphenhydramine products are often startled by how quickly tolerance slips into dependency, and how quickly dependency can slip into abuse,” the CVS class action says. 

McIntire wants to represent a nationwide class, California class and multistate consumer protection class of all persons who purchased the CVS Acetaminophen PM products within the applicable statute of limitations. 

CVS knows consumers desire sleep-aids that do cause habitual use, class action says

McIntire argues CVS is attempting to capitalize on a consumer desire to buy sleep-aid products that do not cause habitual use, as well as products that are safe and free of significant side effects in general. 

“CVS Pharmacy Inc. has capitalized on those consumer preferences by falsely promising that its acetaminophen PM products are ‘non-habit-forming,’” the class action says. 

McIntire claims CVS is guilty of breach of express warranty, unjust enrichment and fraud, and violating California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, statutory and punitive damages for herself and all class members.

A consumer filed a separate class action lawsuit against CVS last month over claims the company violates state and federal consumer laws by allegedly selling antibacterial bandages that contain harmful chemicals.

Have you purchased a CVS Acetaminophen PM product? Let us know in the comments.

The plaintiff is represented by L. Timothy Fisher and Brittany S. Scott of Bursor & Fisher, P.A. 

The CVS class action lawsuit is McIntire, et al. v. CVS Pharmacy Inc., Case No. 3:24-cv-02129, in the U.S. District Court for the Southern District of California.

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