Procter & Gamble Hit With Lawsuit Over Non-Drowsy DayQuil That Allegedly Makes People Drowsy

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“Non-Drowsy” DayQuil Cough Syrup Class Action Lawsuit Overview:

• Who: A DayQuil consumer is suing Procter & Gamble, the maker of the cough syrup.
• Why: The consumer says the company was involved in marketing cough medicine DayQuil as non-drowsy when it is not.
• Where: The case was filed in New York federal court.

Popular cough medicine DayQuil is marketed as being non-drowsy; however, it contains ingredients that do, in fact, make you drowsy, a new class action lawsuit alleges.

Plaintiff Jacqueline Clay filed the class action complaint against DayQuil manufacturer The Procter & Gamble Company Dec. 29 in a New York federal court, alleging violations of state consumer protection acts and federal warranty laws.

Clay alleges that the over-the-counter cough medicine products contain the active ingredient Dextromethorphan Hydrobromide (DXM) and also state on the front of their labels that they are “non-drowsy.”

“By prominently labeling these products as ‘Non-Drowsy,’ Defendant led Plaintiff and other reasonable consumers to believe that the Non-Drowsy DayQuil Products do not cause drowsiness, and that drowsiness is not a side effect of those products,” the lawsuit states. “But the truth is that products containing DXM—and thus the Non-Drowsy DayQuil Products—do cause drowsiness, and that drowsiness is a common side effect of DXM.”

Clay cites one study that found that 10.4 percent of users of products containing dextromethorphan develop drowsiness within three days of starting treatment with DXM cough medicine.

P&G Misled Customers About Effects of Products Through Marketing, Plaintiff Claims

Clay says Procter & Gamble misled customers about the effects of the products through this marketing and that the alleged misrepresentations allowed the company to charge more for the products than it was worth.

The lawsuit points to other companies that also sell cough medicine that contains DXM but do not market it as non-drowsy.

According to Clay, the amount in controversy exceeds $5 million because the class of buyers is so numerous. 

She’s looking to represent all people who purchased a non-drowsy DayQuil product in the United States during the statute of limitations. She’s also looking to represent a class of consumers from New York. She’s seeking certification of the class action, damages, fees, costs and injunction and a jury trial.

The lawsuit comes several weeks after Pfizer and GlaxoSmithKline were hit with a lawsuit alleging their cough medicine, Robitussin, which is also labeled as “non-drowsy,” may actually cause drowsiness.

Do you feel drowsy when you take DayQuil? Let us know in the comments. 

The plaintiff is represented by Jonas Jacobsen and Simon Franzini of Dovel & Luner, LLP.

The Procter & Gamble DayQuil Class Action Lawsuit is Jacqueline Clay v. The Procter & Gamble Company, Case No. 1:21-cv-11133, in the U.S. District Court Southern District of New York

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