Walmart Class Action Alleges Company Mislabels Equate Brand Cough Medicines As ‘Non-Drowsy’

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Walmart Equate Non Drowsy Class Action Lawsuit Overview: 

• Who: Aileen Goldstein filed a class action lawsuit against Walmart, Inc.
• Why: Goldstein claims Walmart misleads consumers by labeling its Equate brand over-the-counter cough medicines as “non-drowsy.”
• Where: The class action lawsuit was filed in New York federal court.

Walmart misleads consumers by mislabeling its Equate brand over-the-counter cough medicines as “non-drowsy,” a new class action lawsuit alleges. 

Plaintiff Aileen Goldstein claims the Equate versions of cough medicines such as Robitussin and Dayquil do in fact cause drowsiness since they contain Dextromethorphan Hydrobromide (DXM) as an active ingredient. 

“The truth is that products containing DXM—and thus the Non-Drowsy Equate Products—do cause drowsiness, and that drowsiness is a known side-effect of DXM,” the class action lawsuit states. 

Goldstein claims the alleged misrepresentations about the Equate cough medicines are made so that WALMART can “overcharge” customers for them. 

“Defendant labeled the products this way because it intended consumers to rely on the labels and to believe that the products would not cause drowsiness so that consumers would buy more products or pay more for them,” the lawsuit states.

The misrepresentations are spread across all of Equate’s purportedly non-drowsy cough medicines, says Goldstein, who argues none of them “disclose anywhere on their packaging that they do or can cause drowsiness.” 

Adverse Event Report Determined Sedation Is Side Effect of DXM, According To Plaintiff

Goldstein cites an adverse event report by the Federal Aviation Administration, which she claims determined that “sedation is one of the most frequently cited side effects of dextromethorphan-containing products.” 

Further, Goldstein argues Walmart is in violation of rules set by the U.S. Food and Drug Administration, which prohibits drug companies from issuing labeling that is “false or misleading.” 

“It is misleading to label a product “Non-Drowsy” when it does cause drowsiness, or if drowsiness is a known side effect of one of its active ingredients,” the lawsuit states. 

Goldstein claims Walmart is guilty of breach of express warranty and in violation of New York General Business Law, the Magnuson-Moss Warranty Act and multiple state consumer protection acts. 

Goldstein wants to represent a nationwide class of consumers who purchased any Non-Drowsy Equate product, along with multistate and New York subclasses.

Plaintiff is demanding a jury trial and requesting relief in the form of restitution, disgorgement, and statutory, treble and punitive damages for herself and all Class Members. 

A separate class action lawsuit was filed against Walmart last month by a consumer who claims the company sells Equate brand body sprays contaminated with benzene, a known cancer-causing chemical. 

Did you purchase Equate brand cough medicine that was labeled as non-drowsy? Let us know in the comments! 

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

The Walmart Equate Non Drowsy Class Action Lawsuit is Goldstein v. Walmart, Inc., Case No. 1:22-cv-00088, in the U.S. District Court for the Southern District of New York.

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