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DayQuil non-drowsy formula class action lawsuit overview:
- Who: Bertha Meza filed a class action lawsuit against The Procter & Gamble Co.
- Why: Meza claims Procter & Gamble falsely markets its DayQuil over-the-counter cough, cold and flu medicine as non-drowsy because it contains dextromethorphan hydrobromide.
- Where: The class action lawsuit was filed in California federal court.
Procter & Gamble falsely markets that its “Non-Drowsy” DayQuil over-the-counter cough, cold and flu medicine products won’t cause drowsiness, a new class action lawsuit alleges.
Plaintiff Bertha Meza claims the “Non-Drowsy” DayQuil products contain the active ingredient dextromethorphan hydrobromide (DXM), which she argues is “an ingredient that causes drowsiness.”
Meza argues Procter & Gamble misled reasonable consumers and overcharged them for the “non-drowsy” DayQuil products due to them containing DXM.
“The truth is that products containing DXM — including the NonDrowsy DayQuil Products — do cause drowsiness, and that drowsiness is a common side effect of DXM (a fact not known by the average consumer),” the DayQuil class action states.
Meza wants to represent a nationwide class and California subclass of consumers who have purchased a “non-drowsy” DayQuil product.
Procter & Gamble violated FDA rules by mislabeling DayQuil products as non-drowsy, says class action
Procter & Gamble labeling the DayQuil products as “non-drowsy” is in violation of the U.S. Food and Drug Administration rule prohibiting companies from misleadingly or falsely labeling drug products, the DayQuil class action alleges.
“It is misleading to label a product ‘NonDrowsy’ when it does cause drowsiness, or if drowsiness is a known side effect of one of its active ingredients,” the DayQuil class action states.
Meza claims Procter & Gamble is guilty of unjust enrichment and breach of express warranty, and argues the company is in violation of California’s Consumer 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 statutory, treble, and punitive damages for herself and all class members.
A similar class action lawsuit was filed against Procter & Gamble earlier this month by a consumer arguing the company helped allegedly falsely market its DayQuil cough medicine as non-drowsy.
Have you purchased DayQuil over-the-counter cough, cold and flu medicine? Let us know in the comments.
The plaintiff is represented by Jonas Jacobson and Simon Franzini of Dovel & Luner LLP.
The DayQuil non-drowsy formula class action lawsuit is Meza, et al. v. The Procter & Gamble Co., Case No. 5:23-cv-00091, in the U.S. District Court for the Central District of California.
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