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If you’re taking Tylenol PM to help you fall asleep at night, you may be getting sleepy based simply on a placebo effect. A recently filed class action lawsuit is attacking the makers of Tylenol PM, claiming the company deceives customers by marketing the drug as a nighttime sleep aid, despite having “no competent and reliable clinical tests” to prove these claims.
The class action lawsuit claims McNeil Consumer Healthcare, a division of Johnson & Johnson, lies about the fact that the active ingredients in its over-the-counter painkiller — acetaminophen and diphenhydramine — are a “sleep aid” that will give consumers a “good night’s rest.” However, a letter written to McNeil by the head of the Food and Drug Administration states: “[T]here is an insufficient basis to support the combination of [these properties] as a nighttime sleep aid for relief of occasional sleeplessness when associated with minor aches and pains.” Another expert in the over-the-counter health industry is also quoted in the lawsuit as stating that diphenhydramine was “never designed to be a sleep aid or analgesic.”
“[McNeil’s] misleading marketing campaign begins with a deceptive name — Tylenol PM — as it implies that it will make you sleepy. [McNeil’s] exhaustive advertising campaign builds on this deception,” the class action lawsuit says. “In addition, [McNeil] has no competent and reliable support for these claims, even though it states that it does, going so far as to claim it has clinical proof.”
Not having competent and reliable scientific proof for their marketing claims is in direct violation of FTC rules, the lawsuit says. The class action is seeking to represent all persons who purchased Tylenol PM in the State of Florida and is alleging violations of the Florida Deceptive and Unfair Trade Practices Act and Breach of Express Warranty. It is seeking damages and restitution for all class members, in addition to an order requiring McNeil to engage in a “corrective advertising campaign.” A copy of the class action lawsuit can be found here.
Updated August 16th, 2010
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I’ve been using Tylenol pm for almost twenty years now. It claims it’s non addictive, but that is pure garbage. It has ruined my life. My stomach is in such bad shape now, I can’t even eat food anymore without it hurting. I’ve lost nearly 30 lbs in the last 2 years. I’ve tried to get help but our healthcare system is a joke. I look in the mirror and don’t even recognize myself anymore. These “legal” drugs are as damaging as any other drugs out there. I’m wasting away in front of my fiance. I have constant abdominal pain, and eating food only hurts me now. I’ve lost all hope I’ll ever get the help I need, and believe me I’ve tried! It’s too late for me, but I hope I can save as many people’s lives as possible that read this. Please stay away from it. My life is over. I have no money, job, or hope left. I’ve fought as hard as I can, but a person can only take so much until they break and I’m broken.
Good Morning I As Well Have Been Using Them For Over 20 Years I Tried To Get Off Them Cold Turkey But When I Did The First Two Days Were Pure Hell I Had Diarrhea Could Not Sleep Cold Sweats Thoughts Of Me Thinking I Was Going To Die So I Couldn’t Take It Anymore I Bought A Bottle and Now I’m Fine It’s Crazy How They Say It’s Non Habit Forming Bunch Of Lies I’m Definitely Going To Start A Lawsuit.
I used this all of the time.