Kroger Class Action Alleges ‘Non-Drowsy’ Cold and Flu Meds Cause Drowsiness

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Kroger ‘Non-Drowsy’ Cold and Flu Medication Class Action Overview:

• Who: Two consumers are suing Kroger over its “non-drowsy” cold and flu medications.
• Why: The consumers say Kroger markets the medicines as non-drowsy when they are not because they contain Dextromethorphan Hydrobromide.
• Where: The lawsuit seeks to represent a nationwide class of consumers.

Kroger sells a “non-drowsy” cold and flu medication that actually makes you drowsy, a new class action lawsuit alleges.

Plaintiffs April Davis and Mahmood Dawood filed the class action lawsuit against The Kroger Company Mar. 29 in a California federal court, alleging violations of state and federal consumer laws. 

The class action takes aim at Kroger-branded “Non-Drowsy” over-the- counter cold and flu medicines that contain Dextromethorphan Hydrobromide (DM HBr). 

The plaintiffs say DM HBr has the side effect of drowsiness, according to authorities such as the National Library of Medicine and Mayo Clinic.

“While the average consumer may not be aware, drowsiness is a documented side effect of DM HBr at the recommended dosages,” the lawsuit states.

Despite this, the Kroger products state prominently on the front of their labels that they are “Non-Drowsy” and “Daytime” products.

“By prominently labeling the products as ‘Non-Drowsy’ and ‘Daytime,’ Defendant led Plaintiffs and other consumers to believe that the Non-Drowsy Products do not cause drowsiness, and that drowsiness is not a side effect of the products,” the class action states. 

However, when each of the plaintiffs took the medication as directed, they became “unexpectedly drowsy.”

Kroger Non-Drowsy Lawsuit Comes Amid a String of Similar Complaints

The plaintiffs are suing on behalf of anyone who bought a Kroger non-drowsy product in the United States plus a California subclass.

They are suing under California consumer protection laws and for breach of warranty and unjust enrichment. The lawsuit is seeking certification of the class action, fees, costs, damages and a jury trial.

The lawsuit comes amid a string of similar complaints around products labeled as “non-drowsy” that allegedly make consumers tired.

On Feb. 16, Rite Aid, TopCare and the maker of Robitussin, GlaxoSmithKline, were each hit with almost identical class action complaints in federal courts, alleging they breached multiple state and federal consumer laws in the marketing of cough, cold and flu medicines.

The three class action lawsuits take aim at some of the country’s biggest producers of cough medicine, claiming medicines are being sold as “non-drowsy” when they in fact make you drowsy.

Have you taken “non-drowsy” medicine and then felt drowsy? Let us know in the comments! 

The plaintiffs are represented by Todd M. Friedman of the Law Offices of Todd M. Friedman and Mark S. Reich, Courtney E. Macaroni and Gary Ishimoto of Levi & Korsinsky, LLP.

The Kroger Company Non-Drowsy Class Action Lawsuit is April Davis et al., v. The Kroger Company, Case No. 2:22-cv-02082 in the U.S. District Court Central District of California.

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