Robitussin settlement reached over ‘non-drowsy’ claims

Robitussin class action settlement overview: 

• Who: GlaxoSmithKline has agreed to pay $4.5 million to end claims that it falsely advertised Robitussin cough medicine. 
• Why: The plaintiffs alleged the product was marketed as “non-drowsy” when it can cause drowsiness.
• Where: The Robitussin settlement was filed in a New York federal court.

A new proposed settlement to a series of class action lawsuits means that Robitussin cough medicine will no longer be advertised as “non-drowsy.”.

On July 22, cough medicine consumers filed a motion in a New York federal court stating that GlaxoSmithKline has agreed to pay $4.5 million to settle claims it mislabeled Robitussin, plus remove the “non-drowsy” marketing on packaging.

The settlement, if given final approval, would benefit anyone who bought the “non-drowsy” Robitussin medicines nationwide from Feb. 16, 2016.

The covered products include “any flavor Robitussin product containing [dextromethorphan hydrobromide] and marketed as non-drowsy,” according to the motion.

DXM causes drowsiness, plaintiffs alleged

On Feb 16, 2022, Nancy Calchi filed a class action complaint against GlaxoSmithKline, alleging that at least 16 Robitussin products containing dextromethorphan DXM prominently state on the front of their label that they are “Non-Drowsy.” 

She said that products containing DXM do cause drowsiness, and that drowsiness is a known side effect of DXM, but not known by the average consumer.

“Defendants’ misrepresentations allowed them to overcharge Plaintiff and other consumers for the Non-Drowsy Robitussin Products,” she claimed.

Months later, on April 5, 2022, plaintiff Stacey Papalia filed another class action lawsuit against Glaxosmithkline alleging it falsely advertises that its Robitussin brand cough medicines are non-drowsy. 

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

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

Complaints consolidated

In their consolidated complaint, the plaintiffs alleged violations of various state consumer laws as well as breach of warranty claims.

Thanks to the settlement, class members can expect to come away with anywhere from $1.50 to $4.75 per claim, depending on how many claims are submitted, according to the motion. 

Attorneys will seek up to one-third of the settlement fund, the motion said. 

The class actions came as another class action lawsuit was filed against Tylenol, with similar claims. Previously, a class action was filed against Procter & Gamble, claiming its popular cough medicine DayQuil is falsely marketed as being non-drowsy.

What do you think of this Robitussin class action settlement? Let us know in the comments.

The consumers are represented by Jonas B. Jacobson and Simon Franzini of Dovel & Luner LLP.

The Robitussin class action settlements are Nancy Calchi v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC et al., Case No. 7:22-cv-01341, and Stacey Papalia v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, Case No. 7:22-cv-02630, both in the U.S. District Court for the Southern District of New York.

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