Class Action Lawsuit Over ‘Strength’ of Pfizer’s Robitussin Cough Syrup to Move Forward

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Pfizer Robitussin Class Action Lawsuit Overview: 

• Who: Pfizer moved to dismiss a complaint against it that stated its charges more for “Maximum Strength” Robitussin cough syrup even though the medication contains a lower concentration of one of its two active ingredients than their “Regular Strength” Robitussin.
• Why: U.S. District Judge J. Paul Oetkem approved part of the dismissal but has allowed the class action claims to move forward.
• Where: The lawsuit is pending in New York federal court.

Pfizer can’t slip out of a class action lawsuit accusing it of deceiving consumers by charging more for “Maximum Strength” Robitussin cough syrup even though it contains a lower concentration of one of its two active ingredients than does “Regular Strength” Robitussin.

While Pfizer claims any customer could compare the products’ ingredients’ lists before purchase, U.S. District Judge J. Paul Oetkem said this is “unreasonable.” The dosages differ between the medications.

“Expecting a customer to ‘cross-check’ a product’s ingredient list against another product’s list and then perform arithmetic to make sure she is comparing equivalent dosage volumes, all to ensure that the product she intends to purchase has the qualities it purports to have is not reasonable,” the judge wrote in his opinion.

Pfizer also claims the “Maximum Strength” label could not have caused the plaintiffs to suffer a monetary loss because each dose of Maximum Strength Robitussin contained more active ingredients than a dose of Regular Strength Robitussin and Maximum Strength Robitussin had a label with dosage information. 

Judge Oetkem also dismissed this claim, stating the “Maximum Strength” label could have plausibly misled the plaintiffs, therefore resulting in monetary loss. 

Robitussin Cough Syrup ‘Maximum Strength’ vs. ‘Regular Strength’

Lead Plaintiff Timothy Woodhams originally sued Pfizer along with Karmel Al Haj in Illinois federal court in 2017. However, a judge dismissed Woodhams’ claims for lack of personal jurisdiction while allowing Al Haj’s to move forward. 

He then refiled his lawsuit in New York federal court, where Pfizer’s headquarters is located, along with other plaintiffs seeking to represent a nationwide class of consumers.

Have you used Robitussin cough syrup? Do you feel duped by the “strength” labeling? Let us know in the comments! 

The plaintiffs are represented by Daniel J. Kurowski, Steve W. Berman and Nathaniel A. Tarnor of Hagens Berman Sobol Shapiro LLP.

The Pfizer Robitussin Class Action Lawsuit is Woodhams et al. v. Pfizer Inc., Case No. 1:18-CV-03990, in the U.S. District Court for the Southern District of New York.

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