Abraham Jewett  |  February 9, 2022

Category: Legal News

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A store front sign for the grocery store known as Albertsons
(Photo Credit: TonelsonProductions/Shutterstock)

Albertson Signature Care Non-Drowsy Class Action Lawsuit Overview: 

  • Who: Patricia Gibson filed a class action lawsuit against Albertsons Companies, Inc. 
  • Why: Gibson claims Albertsons falsely advertises its Signature Care brand over-the-counter cough and flu medicines as “Non-Drowsy” and “Daytime.”
  • Where: The lawsuit was filed in Illinois federal court.

Albertsons falsely advertises its Signature Care brand over-the-counter cough and flu medicines as “Non-Drowsy” and “Daytime,” a new class action lawsuit alleges. 

Plaintiff Patricia Gibson claims the Signature Care medicines in fact contain Dextromethorphan Hydrobromide (DXM), which is known to cause drowsiness, as an active ingredient.

Gibson claims by prominently labeling the Signature Care products as Non-Drowsy and Daytime, Albertsons is misleading consumers into believing they will not cause drowsiness and can be used during the daytime. 

“In reality, the Products cause drowsiness, which in effect destroys the primary reason for purchasing the “Daytime” Products in the first place – for use during the day, when consumers do not want to be drowsy,” the class action lawsuit states. 

Gibson claims that, had Albertsons been honest about the drowsiness effects of its products, consumers would not have purchased them or would have paid less for them. 

‘Reasonable Consumer’ Would Not Believe Product Causes Drowsiness, Plaintiff Says

Gibson argues that, based on the labeling, a “reasonable consumer” would not believe that they would cause drowsiness. 

“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 class action lawsuit states.

Gibson claims Albertsons is guilty of intentional misrepresentation and breach of express warranty and in violation of multiple state consumer protection acts, the Illinois Consumer Fraud and Deceptive Business Practices Act and the Magnuson-Moss Warranty Act

Gibson wants to represent a nationwide class and Illinois subclass of consumers who have purchased a Non-Drowsy Signature Care product. 

Plaintiff is demanding a jury trial and requesting statutory, treble and punitive damages for herself and all class members. 

A similar class action lawsuit was filed last month against Johnson & Johnson over allegations the company makes and markets Tylenol brand “non-drowsy” cough medicine that contains DXM.

Have you purchased a Signature Care brand over-the-counter cough and flu medicine? Let us know in the comments! 

The plaintiff is represented by Jonas Jacobson and Simon Franzini of Dovel & Luner, LLP and Yeremey Krivoshey and Brittany S. Scott of Bursor & Fisher, P.A. 

The Albertson Signature Care Non-Drowsy Class Action Lawsuit is Gibson v. Albertsons Companies, Inc., Case No. 1:22-cv-00642, in the U.S. District Court for the Northern District of Illinois.


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3 thoughts onAlbertsons Class Action Claims Retailer’s Signature Care Brand ‘Non-Drowsy’ Cough And Flu Medicines Cause Drowsiness

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