Publix class action alleges store brand cold, flu meds containing phenylephrine ineffective

Publix phenylephrine class action lawsuit overview: 

• Who: Krystal Rampalli filed a class action lawsuit against Publix Super Markets Inc. 
• Why: Rampalli claims Publix falsely advertises the effectiveness of its cold and flu medicines at relieving sinus issues such as nasal congestion, due to them containing phenylephrine as their active ingredient. 
• Where: The class action lawsuit was filed in Florida federal court. 

Publix manufactures and sells cold and flu medicines that are not effective at relieving nasal congestion — despite advertising to the contrary — due to them containing phenylephrine, a new class action lawsuit alleges. 

Plaintiff Krystal Rampalli claims an advisory panel with the U.S. Food and Drug Administration (FDA) recently determined that phenylephrine is not effective at combating sinus issues, such as congestion. 

Rampalli argues the FDA ruling means that Publix Daytime, Cold & Flu Relief, Multi-Symptom, Softgels branded products are ineffective as a decongestant, since they contain phenylephrine as their active ingredient. 

“Unfortunately, Defendant’s ‘Daytime’ branded Drugs, containing phenylephrine, are ineffective as decongestants,” the Publix class action states. 

Rampalli wants to represent a nationwide class of consumers who purchased Publix Daytime, Cold & Flu Relief, Multi-Symptom, Softgels branded products since 2020. 

Publix targets ‘vulnerable’ consumers with falsely advertised cold and flu meds, says class action

Rampalli argues Publix targets consumers who are in a vulnerable position “given their need for medicine related to nasal and sinus issues,” when allegedly falsely advertising their cold and flu medicine products that contain phenylephrine. 

“Defendant has a history of defrauding customers through their deceptive medicinal sales and marketing practices. In 2015, similar drugs were noted to be ineffective. Instead of telling the truth, Defendant chose to keep touting the Drugs as effective,” the Publix class action states. 

Rampalli claims Publix is guilty of fraud, unjust enrichment, breach of contract, negligence, and breach of implied warranty of merchantability, among other things. 

The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual and statutory damages for herself and all class members. 

A separate class action lawsuit was filed against Publix in March 2022 by a consumer claiming the company misled consumers into believing its strawberry watermelon water enhancers only contain natural flavors. 

Have you purchased Publix Daytime, Cold & Flu Relief, Multi-Symptom, Softgels branded products? Let us know in the comments! 

The plaintiff is represented by Bryan F. Aylstock and R. Jason Richards of Aylstock, Witkin, Kreis, & Overholtz, PLLC, and Roy T. Willey, IV, Paul J. Doolittle, and Blake G. Abbott of Poulin | Willey | Anastopoulo, LLC. 

The Publix phenylephrine class action lawsuit is Rampalli, et al. v. Publix Super Markets, Inc., Case No. 8:23-cv-02226, in the U.S. District Court for the Middle District of Florida.

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