Meijer Falsely Claims it Cold and Flu Medication Is Non-Drowsy, Class Action Alleges

Meijer Inc. Non-Drowsy Cold and Flu Products Class Action Lawsuit Overview

• Who: Grocery store giant Meijer has been hit with a class action lawsuit related to its cold and flu products 
• Why: The class action alleges the company falsely advertises its cold and flu medication as non-drowsy when it contains Dextromethorphan Hydrobromide, which causes drowsiness, misleading and harming consumers
• Where: The lawsuit is pending in Michigan district court

Grocery store giant Meijer falsely advertises its cold and flu medication as non-drowsy when it contains a key ingredient that causes drowsiness, misleading and harming consumers looking for non-drowsy relief, a new class action lawsuit alleges.

Bobbie Moore, Samantha Hatfield, and Gary Grant filed the lawsuit against Meijer, Inc. alleging that the company misrepresents its “Non-Drowsy” and “Daytime” products with prominent false labeling, violating the constitution and breaching warranty.

“The truth is that products containing Dextromethorphan Hydrobromide (DXM) — and thus the Non-Drowsy Meijer Products — do cause drowsiness, and that drowsiness is a known side effect of DXM,” the claim reads.

FDA Says Drug Causes Sedation

The Food and Drug Administration says one of the most frequently-cited side effects of DMX is sedation (i.e., drowsiness), according to the claim, and for this reason, the Federal Aviation Administration prohibits pilots from flying after ingesting DXM.

Moore, Hatfield, and Grant all say they bought the Meijer products, which include Meijer versions of brands like DayQuil and Robitussin, seeking non-drowsy relief, but on taking the medication as directed, they became unexpectedly drowsy.

They say they are bringing the case for themselves and “for millions of other consumers” nationwide who were duped by Meijer’s “Non-Drowsy” labeling.

“Had Defendant been truthful, Plaintiffs and other consumers would not have purchased the products or would have paid less for them,” the claim says.

The consumers are seeking certification of the Class, damages, restitution, disgorgement, injunctive relief, interest, legal fees and costs, and a jury trial.

Just last month, three class action lawsuits were filed, taking aim at some of the country’s biggest producers of cough medicine, also claiming the medicines were being sold as “non-drowsy” when they in fact make you drowsy due to containing DMX.

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.

Have you ever taken non-drowsy medication just to find it makes you sleepy? Let us know in the comments section below!

The plaintiffs are represented by Nick Suciu, III of Milberg Coleman Bryson Phillips Grossman, PLLC; Yeremey Krivoshey and Brittany S. Scott of Bursor & Fisher, P.A.; and Jonas Jacobson and Simon Franzini of Dovel & Luner, LLP.

The Meijer False Ad Class Action Lawsuit is Moore, et al. v. Meijer, Inc., Case No. 2:22-cv-10417-GCS-CI ECF in the U.S. District Court Eastern District of Michigan.

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