Class actions allege phenylephrine in cold, allergy drugs ineffective

Phenylephrine class action lawsuits overview: 

• Who: Consumers recently filed class action lawsuits against Bayer Corp. Johnson & Johnson, Reckitt Benckiser Pharmaceuticals, Procter & Gamble and CVS Health Corp. 
• Why: The consumers claim the companies sold oral cold and flu meds that were not effective as advertised due to phenylephrine. 
• Where: The phenylephrine lawsuits affect consumers nationwide. 

Consumers recently filed class action lawsuits against the manufacturers of oral flu and cold medicines containing phenylephrine as an active ingredient. 

The complaints come in the wake of a U.S. Food and Drug Administration (FDA) panel finding that phenylephrine is not effective as a nasal decongestant at its current recommended dosage. 

Consumers claim the FDA findings mean manufacturers have misleadingly represented their cold and flu meds containing phenylephrine are effective at combating sinus issues, including nasal congestion. 

Mucinex, Alka Seltzer makers accused of misleading consumers 

A consumer filed a class action lawsuit against Reckitt Benckiser Pharmaceuticals and Bayer Corp. last month, arguing the companies misleadingly represented the effectiveness of their Mucinex and Alka-Seltzer drugs. 

The consumer claims that, in spite of Reckitt Benckiser and Bayer’s representations, Mucinex and Alka-Seltzer are not effective at combating nasal congestion because they contain phenylephrine as an active ingredient. 

“These representations were false and deceptive, as Defendants’ (phenylephrine) Drugs were not effective for treating all the indications identified and/or were misbranded,” the class action states. 

Reckitt Benckiser and Bayer are also accused of ignoring both scientific and industry knowledge around the effectiveness of phenylephrine and failing to adequately test their phenylephrine drugs. 

P&G sold ineffective Vicks oral nasal decongestant products, class action says

A consumer filed a class action lawsuit against Procter & Gamble in September, arguing the company sold Vicks brand oral nasal decongestant products that were not effective due to phenylephrine. 

The consumer claims the Vicks oral nasal decongestant products containing phenylephrine are “no more effective as a nasal decongestant than a placebo” and that P&G further misleads its customers by labeling the products as “max strength.” 

“P&G takes advantage of this consumer preference for strong relief by prominently representing the alleged strength of the Vicks PE Products in the one place every consumer looks when purchasing a product—the front packaging,” the P&G class action states. 

P&G is also accused of knowing there are products with higher doses of acetaminophen on the market despite making the “max strength” claims.

Johnson & Johnson falsely advertised Sudafed, class action says

A consumer filed a class action lawsuit against Johnson & Johnson last month, arguing the company falsely advertises its Sudafed nasal congestion medication with phenylephrine is effective at combating sinus issues. 

“In general, the Drugs do not work because, in sum, the active ingredients do not survive the human stomach conditions and never reach the bloodstream,” the Sudafed class action states. 

Johnson & Johnson began making nasal congestion medication with phenylephrine in the early 2000s after pseudoephedrine became prescription-only, according to the lawsuit. 

“Once taken off the shelves, pseudoephedrine had its place taken by the current Drugs at hand, the phenylephrine-based drugs,” the Sudafed class action states. 

CVS class action claims store sold ineffective sinus drugs with phenylephrine

A consumer filed a class action lawsuit against CVS Health Corp. in September, arguing the company sold CVS Health brand sinus drugs that were ineffective due to them containing phenylephrine as an active ingredient. 

The consumer claims CVS knew since 2015 that similar drugs containing phenylephrine were not effective as a decongestant yet allegedly continued to “keep touting the drugs as effective.”

“Defendant has a history of defrauding customers through their deceptive medicinal sales and marketing practices,” the CVS class action states. 

CVS is accused of selling its CVS Health brand sinus drugs with phenylephrine to consumers who had to choose between either waiting in a pharmacy line to obtain pseudoephedrine-based drugs or buying phenylephrine-based drugs straight from the shelf. 

“As one does when sick, many consumers, including plaintiff, opted for the phenylephrine-based products,” the CVS class action states. 

Have you purchased an oral cold and flu drug containing phenylephrine? Let us know in the comments. 

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