Sudafed PE class action claims medication ineffective following FDA analysis

Sudafed PE class action lawsuit overview: 

• Who: Kamonica McWhite filed a class action lawsuit against Johnson & Johnson Consumer Inc. 
• Why: McWhite claims Johnson & Johnson falsely advertises that its Sudafed PE nasal congestion medication is effective at combating sinus issues. 
• Where: The class action lawsuit was filed in New Jersey federal court. 

Johnson & Johnson falsely advertises that its Sudafed PE nasal congestion medication is effective at combating sinus issues when it is actually ineffective, a new class action lawsuit alleges. 

Plaintiff Kamonica McWhite claims that, despite marketing by Johnson & Johnson, Sudafed PE is ineffective as a decongestant on account of it having phenylephrine as an active ingredient. 

The U.S. Food and Drug Administration (FDA) has determined that, when taken orally, “a very small amount of (phenylephrine) actually reaches the nose to relieve congestion,” according to the Sudafed class action. 

“In general, the Drugs do not work because, in sum, the active ingredients do not survive the human stomach conditions and never reach the bloodstream,” the Sudafed class action states. 

McWhite wants to represent a nationwide class of consumers who have purchased Sudafed PE sold by Johnson & Johnson since 2020. 

Sudafed PE active ingredient changed to phenylephrine to stop meth manufacturers, class action says

McWhite claims drug manufacturers like Johnson & Johnson began increasingly making nasal congestion medications with phenylephrine in the early 2000s after pseudoephedrine became prescription only. 

Pseudoephedrine — which McWhite argues is effective at relieving congestion — was moved behind the pharmacy counter in 2006 in an effort to curb illicit drug manufacturers from using it to create methamphetamine, according to the Sudafed class action. 

“Once taken off the shelves, pseudoephedrine had its place taken by the current Drugs at hand, the phenylephrine-based drugs,” the Sudafed class action states. 

McWhite claims Johnson & Johnson is guilty of fraudulent misrepresentation, fraud, breach of contract, breach of express warranty, unjust enrichment and negligence, 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 Johnson & Johnson in May 2022 over claims the company violated biometric privacy law in Illinois by allegedly using its Neutrogena Skin360 skincare program to collect and store biometric information.

Have you purchased Sudafed PE from Johnson & Johnson? Let us know in the comments.

The plaintiff is represented by Philip Furia of The Sultzer Law Group and Roy T. Willey IV, Blake G. Abbott and Paul J. Doolittle of Poulin Willey Anastopoulo LLC. 

The Sudafed PE class action lawsuit is McWhite v. Johnson & Johnson Consumer Inc., Case No. 3:23-cv-20379, in the U.S. District Court for the District of New Jersey.

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