Recent class actions, settlements involve OTC medications

OTC medication class actions, settlements overview: 

• Who: Consumers recently targeted CVS Pharmacy Inc. and Johnson & Johnson with class action lawsuits. Target and Similasan Corp. agreed to class action settlements. 
• Why: The class action lawsuits and settlements involve over-the-counter medications, including pain and cold and flu medicines and eye drops. 
• Where: The OTC medication class actions were filed in U.S. federal courts. 

Consumers recently filed class action lawsuits against CVS Pharmacy Inc. and Johnson & Johnson regarding their PM OTC medications.

Additionally, pharmaceutical company Similasan Corp. and Target agreed to OTC medication settlements this month regarding eye drops and cold and flu medicine.

A company may choose to settle claims, as they did with the OTC medication settlements, as a way to appease consumers and/or avoid litigation without admitting to any fault. 

CVS falsely advertised acetaminophen PM products as ‘non-habit-forming,” class action says

A consumer filed a class action lawsuit against CVS Pharmacy Inc. earlier this month over claims the retail pharmacy chain falsely advertised its acetaminophen PM products as “non-habit-forming.”

The class action lawsuit argues CVS’ Acetaminophen PM products contain diphenhydramine HCL, a sedative users can develop a tolerance to, 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. 

The consumer wants to represent a nationwide class, California class and multistate consumer protection class of persons who bought CVS Acetaminophen PM products during the applicable statute of limitations. 

Class action claims Tylenol PM falsely labeled ‘non-habit forming’

A consumer filed a similar class action lawsuit against Johnson & Johnson in November over claims the company falsely labels its Tylenol PM products as “non-habit-forming.” 

The class action lawsuit argues the Tylenol PM products contain diphenhydramine, which the consumer claims is known to have a potential to cause dependency. 

“(Consumers) prefer and desire sleep-aid products that do not cause habitual use,” the Tylenol PM class action says. 

The consumer wants to represent a nationwide class of individuals who purchased Tylenol PM. 

Target settles claims it misleading labeled cold and flu medicine as non-drowsy

Target agreed to individual settlement agreements with three consumers earlier this month to resolve claims the retailer misleadingly labeled its Up & Up brand over-the-counter cold and flu medicine as non-drowsy.

The consumers argued the cold and flu medicine contained dextromethorphan hydrobromide, which they argued is known to cause drowsiness. 

Similasan to pay $3.57M to end claims it sold eye drops without FDA approval

Similasan Corp. agreed to pay $3.57 million earlier this month to end claims the company sold eye drops without approval from the FDA and failed to meet the necessary safety standards. 

Consumers who are eligible to benefit from the class action settlement will be able to receive $2.50 per product purchased with a maximum payout of $10 for those who are unable to give proof of purchase. 

Similasan did not admit to any wrongdoing in agreeing to the class action settlement and had previously argued its eye drop products were clearly labeled as having not been reviewed by the FDA. 

Were you affected by the recent OTC medication class actions and/or OTC medication settlements? Let us know in the comments.

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