Class action lawsuit alleges Publix sold ineffective Tylenol, Sudafed products containing phenylephrine

Publix class action lawsuit overview: 

• Who: Jay Valinsky filed a class action lawsuit against Johnson & Johnson Consumer Inc. and Publix Supermarkets Inc. 
• Why: Valinsky claims Publix sold Tylenol and Sudafed products that were ineffective at treating sinus congestion, as a result of them containing phenylephrine as their active ingredient. 
• Where: The class action lawsuit was filed in Florida federal court.

Publix Supermarkets sold ineffective Tylenol and Sudafed products on account of their active ingredient being phenylephrine, a new class action lawsuit alleges. 

Plaintiff Jay Valinksy claims the Tylenol and Sudafed products sold by Publix are, despite being marketed as able to combat sinus congestion, “wholly ineffective” and “no better than a placebo” at alleviating nasal and sinus congestion. 

Valinsky argues Publix and Johnson & Johnson — which makes Tylenol and Sudafed products —  target consumers who are “ill and desperate” to find over-the-counter medicine to “alleviate painful sinus and nasal congestion.” 

“To add insult to injury, Products marketed and sold by Defendants containing phenylephrine replaced other medicines containing a different active ingredient, pseudoephedrine, that were truly effective drugs for treating sinus and nasal congestion,” the Publix class action states. 

Valinsky wants to represent a nationwide class and Florida class of consumers who purchased Tylenol and Sudafed products from Publix since 2016, in addition to a nationwide and Florida class of consumers who purchased Tylenol and Sudafed in general since 2016. 

Studies have shown phenylephrine is ineffective at treating nasal, sinus congestion, says class action

Valinsky argues studies have shown since as early as 2009 that phenylephrine is ineffective at combating nasal congestion, yet Publix and J&J continued to market and advertise the Tylenol and Sudafed products as “unequivocally effective” at treating nasal and sinus congestion. 

“Despite knowing that products containing phenylephrine are ineffective for the treatment of sinus and nasal congestion, Publix marketed and sold to consumers in Florida and throughout the United States,” the Publix class action states. 

Valinsky claims Publix and J&J are guilty of fraud, breach of contract, unjust enrichment and breach of express warranty, among other things, and of violating the Florida Deceptive and Unfair Trade Practices Act. 

The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual and statutory damages for himself and all class members. 

A similar class action lawsuit was filed against Publix earlier this year by a consumer arguing the supermarket chain falsely advertises the effectiveness of its cold and flu medicines, as a result of them containing phenylephrine as their active ingredient. 

Have you purchased Tylenol or Sudafed from a Publix supermarket since 2016? Let us know in the comments.

The plaintiff is represented by David P. Milian of The Milian Legal Group, P.A. 

The Publix class action lawsuit is Valinsky, et al. v. Johnson & Johnson Consumer Inc., et al., Case No. 9:23-cv-81574, in the U.S. District Court for the Southern District of Florida.

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