Costco class action alleges Kirkland nasal decongestant product ineffective

Costco nasal decongestant class action lawsuit overview: 

• Who: Eduardo Flores filed a class action lawsuit against Costco Wholesale Corp. 
• Why: Flores claims Costco falsely markets that its Kirkland-brand Multi-Symptom Cold & Flu Severe is an effective nasal decongestant, due to it containing phenylephrine as an active ingredient. 
• Where: The class action lawsuit was filed in California federal court. 

Costco falsely markets that its Kirkland-brand Multi-Symptom Cold & Flu Severe product as a nasal decongestant, a new class action lawsuit alleges. 

Plaintiff Eduardo Flores claims Costco’s nasal decongestant product is, in reality, ineffective at treating nasal congestion due to its active ingredient being phenylephrine. 

Flores argues a U.S. Food and Drug Administration (FDA) advisory panel unanimously agreed in September that oral phenylephrine is not effective at relieving nasal congestion. 

“Defendant’s marketing and advertising concerning the Product is false, misleading, and likely to deceive the public,” the Costco class action states. 

Flores wants to represent a nationwide class and California subclass of consumers who bought Costco’s Kirkland-brand Multi-Symptom Cold & Flu Severe nasal decongestant product for personal or household use with any applicable limitations period. 

Costco should have known product representations were misleading, class action says

Flores argues Costco either knew or should have reasonably known that its claims regarding the quality of its Kirkland Multi-Symptom Cold & Flu Severe nasal decongestant product were allegedly untrue or misleading. 

“Defendant could have avoided any potential for misrepresenting the quality characteristics that it represented the Product possessed by testing the effectiveness of (phenylephrine) in the Product for the purported claims on the Product’s labeling,” the Costco class action states. 

Flores claims Costco is guilty of unjust enrichment and breach of implied warranty of merchantability, and of violating California’s Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law. 

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

A number of other class action lawsuits have recently been filed against companies — including Bayer, Johnson & Johnson, Reckitt Benckiser, Procter & Gamble and CVS Health — accused of falsely marketing that their oral cold and flu meds were an effective nasal decongestant. 

Have you purchased Costco’s Kirkland Multi-Symptom Cold & Flu Severe nasal decongestant? Let us know in the comments.

The plaintiffs are represented by Sarah N. Westcot and L. Timothy Fisher of Bursor & Fisher PA. 

The Costco nasal decongestant class action lawsuit is Flores v. Costco Wholesale Corp., Case No. 5:23-cv-05367, in the U.S. District Court for the Northern District of California.

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