CVS Non-Drowsy Cough Medicine Class Action Claims Product Actually Causes Drowsiness

CVS Non-Drowsy Drugs Class Action Lawsuit Overview:

• Why: The plaintiff claims that certain CVS Health-branded cough medicines cause drowsiness despite their “non-drowsy” labeling.
• Who: A New York resident is suing CVS Health Corporation and CVS Pharmacy, Inc.
• Where: The class action lawsuit was filed in New York federal court.

A CVS customer is suing the pharmacy for misleading customers by labeling CVS Health-branded over-the-counter cough medicines as “non-drowsy” when in reality they allegedly do cause drowsiness. 

The class action lawsuit was filed by Plaintiff Toni Larusso, who bought CVS Health Severe Tussin CF, which was labeled as “Non-Drowsy.” However, Larusso became “unexpectedly drowsy” after taking the medication. The cough medicine class action complaint argues that she now faces “an imminent threat of harm” because she won’t be able to rely on CVS Health labels in future.

Larusso seeks to represent a nationwide class of everyone who purchased a non-drowsy CVS Health product during the applicable statute of limitations, as well as a subclass of consumers who live in certain identified states and a subclass of consumers who bought non-drowsy CVS products in New York. 

Specifically, the class action lawsuit is bringing claims of breach of warranty, violation of consumer protection laws and violation of certain business laws. 

CVS Non-Drowsy Claims Contradict FDA 

The class action lawsuit takes issue with CVS Health’s over-the-counter cough medicines, such as generic CVS versions of brands like Robitussin, DayQuil and Tylenol. Many of these medications contain the active ingredient dextromethorphan hydrobromide (DXM). 

Products containing DXM cause somnolence, or drowsiness, which is a common side effect of the ingredient, the complaint says, citing clinical studies and the Food and Drug Administration’s (FDA) adverse event report database. 

However, CVS Health labels its DXM-containing medicines as non-drowsy despite clinical evidence to the contrary, the plaintiff argues. Further, the FDA prohibits drug labeling that is “false or misleading.”

CVS Health’s labeling misleads “reasonable consumers,” who often specifically buy the products to avoid drowsiness during the day or while working, for example, the complaint argues. Had CVS been truthful, Larusso says she and other consumers would not have bought the products or would have paid less for them. 

The complaint contends that CVS Health could easily remove its non-drowsy claims from the medication labels in question, just as Mucinex DM does, or advertise certain products as “less drowsy” to indicate a difference in ingredients and effects, like Dramamine does.

On behalf of herself and the proposed class, Larusso seeks statutory, treble and punitive damages, restitution, disgorgement, pre- and post-judgment interest, an injunction prohibiting CVS’ allegedly deceptive conduct, and attorneys’ fees. 

Have you purchased CVS Health cough medicines and become drowsy? Share your experience in the comments section below!

The plaintiff is represented by Jonas Jacobson and Simon Franzini of Dovel & Luner, LLP.

The CVS Non-Drowsy Drugs Class Action Lawsuit is Larusso v. CVS Health Corporation, et al., Case No. 7:21-cv-10849, in the US District Court for the Southern District of New York

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