Alka-Seltzer class action alleges non-drowsy medication contains ingredient that causes drowsiness

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Alka-Seltzer class action lawsuit overview:

• Who: Plaintiff Darryl Robinson filed a class action lawsuit against Bayer.
• Why: He alleges Bayer markets Alka-Seltzer branded “non-drowsy” cold and flu medicine that contains an ingredient that causes drowsiness.
• Where: The Alka-Seltzer class action lawsuit was filed in California federal court.

Bayer manufactures, markets and sells over-the-counter Alka-Seltzer cold and flu medicine labeled as “non-drowsy” even though it contains an ingredient that causes drowsiness, according to a class action lawsuit filed June 7 in California federal court.

The non-drowsy Alka-Seltzer products reportedly include a prominent “Non-Drowsy” label that sets them apart from the nighttime versions of the medicine, which are expected to cause drowsiness.

However, the cold and flu medicine contains dextromethorphan hydrobromide, or DXM, as an active ingredient. A common side effect of DXM is drowsiness, according to the Alka-Seltzer class action lawsuit.

Alka-Seltzer class action says Bayer charged premium for medicine falsely labeled as ‘non-drowsy’

Plaintiff Darryl Robinson says he purchased an Alka-Seltzer cold and flu product that prominently stated “Non-Drowsy” on the label. When he took the medication as directed, however, he says he became unexpectedly drowsy. 

Robinson would not have purchased the non-drowsy Alka-Seltzer medicine, or he would not have paid as much for it, had he known it would cause drowsiness, according to the Alka-Seltzer class action lawsuit.

The products allegedly mislabeled as non-drowsy include:

• Alka-Seltzer Plus Severe Non-Drowsy Cold PowerFast Fizz Citrus Effervescent Tablets
• Alka-Seltzer Plus Severe Day & Night Cold PowerFast Fizz Effervescent Tablets
• Alka-Seltzer Plus Maximum Strength Day Cold & Flu PowerMax Gels

The Alka-Seltzer class action lawsuit notes other drug makers do not falsely market products that contain DXM as non-drowsy medicines. Bayer could simply omit the false and misleading “non-drowsy” statement from products that contain DXM, Robinson argues.

Bayer’s false marketing “increased the demand for Non-Drowsy Alka-Seltzer Products” and enabled the drug maker to charge a premium for the cold and flu medicine, the Alka-Seltzer class action lawsuit asserts. Consumers who purchased the allegedly mislabeled non-drowsy medicine did not get what they paid for, Robinson says.

The class action lawsuit asserts claims for violations of various state consumer protection laws, negligent misrepresentation, unjust enrichment and violations of California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act.

SuperValu also faces a class action lawsuit alleging it falsely markets Equaline cold and flu medicine as “non-drowsy” even though it contains an ingredient known to cause drowsiness.

If you purchased a product such as an allergy relief or cold medicine that was labeled “non-drowsy,” but it contains an ingredient that causes drowsiness, you may be able to join a class action lawsuit investigation and pursue compensation.

Robinson is represented by Scott Edelsberg of Edelsberg Law PA.

The Alka-Seltzer class action lawsuit is Darryl Robinson v. Bayer Corp., et al., Case No. 2:22-cv-03892, in the U.S. District Court for the Central District of California, Western Division.

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• Target Up & Up Products Added To Growing List of ‘Non-Drowsy’ Product Class Action Lawsuits