Theraflu class action claims Emergen-C convenience pack misleads consumers

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Theraflu Emergen-C class action lawsuit overview:

• Who: Plaintiff Susan Cirrito filed a class action lawsuit against GSK Consumer Health Inc.
• Why: GSK allegedly sells misleadingly labeled Theraflu Emergen-C convenience packs.
• Where: The Theraflu class action lawsuit was filed in New York federal court.
• What are my options: Try Z-stack supplements to boost your immune system.

GSK Consumer Health Inc. misleadingly markets its Theraflu Emergen-C “convenience pack” to deceive consumers into thinking the pack is effective for alleviating cold and flu symptoms, according to a class action lawsuit filed June 5 in New York federal court.

Plaintiff Susan Cirrito says she knew that over-the-counter products like Theraflu, which contain ingredients such as acetaminophen, dextromethorphan HBr, and phenylephrine HCl, are effective at treating cold and flu symptoms like cough, congestion, headaches, fever, body aches, and sore throat.

Theraflu class action says FDA found insufficient evidence for vitamin C’s benefits on cold, flu symptoms

Like most Americans, Cirrito believes that taking vitamin C can alleviate some cold and flu symptoms. Vitamin C has been the most popular dietary supplement since the 1970s, and brings in sales of over half a billion dollars annually, the Theraflu class action lawsuit notes.

Consumers reportedly value traditionally over-the-counter cold and flu medications but are increasingly seeking products with beneficial vitamins like vitamin C, Cirrito says.

The Emergen-C component of the Theraflu Emergen-C convenience pack is labeled as “Immune +” and a “proprietary complex” of 1,000 mg vitamin C and “Vitamin D & Zinc.” Cirrito claims that this language, placed above an image of two fresh oranges and the words “Super Orange,” are intended to appeal to consumers’ belief that the vitamins are beneficial for relieving cold and flu symptoms.

Cirrito says she read the front label of the Theraflu Emergen-C convenience pack and expected the product to be effective at treating cold and flu symptoms with an added therapeutic benefit from the vitamin C.

Fine print on the product’s back label notes that the statements have not been evaluated by the U.S. Food and Drug Administration, and that the product “is not intended to diagnose, treat, cure or prevent any disease,” according to the Theraflu class action lawsuit.

Cirrito says the FDA rejected approval of over-the-counter combination drugs like Theraflu from including vitamins and botanical ingredients in their formulations because experts found no study that showed vitamin C to be clearly effective for prevention or treatment of the common cold.

The FDA reportedly allows certain products to be sold together in a convenience pack, but only when it is clear that the combination of products are not intended to be used together for a common purpose, like treating cold and flu symptoms.

“By selling a proven cough and cold treatment with a vitamin c supplement touted as having immune benefits from its high amounts of vitamin C, consumers are misled as to its efficacy in treating symptoms of coughs and colds,” the Theraflu class action lawsuit says.

The Theraflu class action lawsuit asserts claims for violations of New York General Business Law, various state consumer fraud acts, breach of warranty, fraud, and unjust enrichment.

A similar DayQuil class action lawsuit alleges its co-packaged vitamin C product does not treat cold and flu symptoms.

What do you think about the allegations in the Theraflu class action lawsuit? Join the discussion in the comments!

Cirrito is represented by Spencer Sheehan of Sheehan & Associates PC.

The Theraflu Emergen-C class action lawsuit is Susan Cirrito, et al. v. GSK Consumer Health Inc., Case No. 1:23-cv-00491-EAW, in the U.S. District Court for the Western District of New York, Buffalo Division.

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