Robitussin Class Action Alleges Cough Medicine Falsely Advertised As ‘Non-Drowsy’

Robitussin Cough Medicine Non Drowsy Class Action Lawsuit Overview: 

• Who: Stacey Papalia filed a class action lawsuit against Glaxosmithkline Consumer Healthcare Holdings (US) LLC. 
• Why: Papalia claims Glaxosmithkline falsely advertises its Robitussin brand cough medicines as “non-drowsy,” despite them containing dextromethorphan. 
• Where: The class action lawsuit was filed in New York federal court. 

Glaxosmithkline falsely advertises that its Robitussin brand cough medicines are non-drowsy, a new class action lawsuit alleges.

Plaintiff Stacey Papalia claims Glaxosmithkline misleads consumers by marketing its Robitussin cough medicine as “non-drowsy” despite it containing dextromethorphan (DXM), which is known to cause drowsiness.

Papalia wants to represent a New York class of consumers who purchased Robitussin cough suppressants manufactured by Glaxosmithkline that contain DXM and were represented as being “non-drowsy.”

Papalia claims Glaxosmithkline markets its Robitussin cough medicines containing DXM as “non-drowsy” so that it can sell more and “boost its revenues.”

“Labeling Robitussin DXM Products as ‘non-drowsy’ … is demonstrably false and misleading because it is widely acknowledged by medical experts studying coughs that DXM can cause drowsiness,” the class action lawsuit states. 

Robitussin Can’t Make ‘Non-Drowsy’ Claim In UK, Lawsuit Says

Papalia argues further that Glaxosmithkline is aware that DXM causes drowsiness, since, according to the class action lawsuit, the company is barred from making the same “non-drowsy” claim in the UK.

“Not only must GSK avoid making the ‘non-drowsy’ claim for Robitussin products containing DXM in the UK, GSK must also disclose DXM’s drowsiness side effect in the information it provides to UK consumers of its products,” the class action lawsuit states.

Papalia claims she and other consumers would have avoided purchasing the Robitussin products had they known the truth about them causing drowsiness.

Further, Papalia argues that, according to doctors, DXM is “not very effective” at preventing coughs and is “marginally superior to placebo.”

“At the very least, Plaintiff and others were sold a product that falsely promised the valuable attribute of being “non-drowsy” when, in fact, they were sold inferior and less valuable products that had the unwanted attribute — at least during the daytime — of drowsiness,” the class action lawsuit states.

Papalia claims Glaxosmithkline is in violation of New York General Business Law. She is demanding a jury trial and requesting injunctive relief along with statutory and treble damages for herself and all class members. 

A similar class action lawsuit was filed last month against Kroger by consumers who claim the company falsely markets its cold and flu medicines containing DXM as “non-drowsy.” 

Have you purchased Robitussin cough medicine advertised as “non-drowsy”? Let us know in the comments! 

The plaintiff is represented by James R. Denlea, Jeffrey I. Carton, Steven R. Schoenfeld and Robert J. Berg of Denlea & Carton LLP and Philip M. Smith of Kravit Smith LLP. 

The Robitussin Cough Medicine Non Drowsy Class Action Lawsuit is Papalia v. Glaxosmithkline Consumer Healthcare Holdings (US) LLC, Case No. 7:22-cv-02630, in the U.S. District Court for the Southern District of New York.

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