SuperValu class action alleges non-drowsy Equaline brand cold, flu medicines falsely marketed 

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SuperValu class action lawsuit overview:

• Who: Six plaintiffs filed a class action lawsuit against SuperValu Inc.
• Why: The plaintiffs allege SuperValu falsely markets Equaline cold and flu medicines as “non-drowsy” even though they can cause drowsiness.
• Where: The SuperValu class action lawsuit was filed in Illinois federal court.

SuperValu Inc. falsely markets some of its Equaline cold and flu medicines as “non-drowsy” even though they cause drowsiness, according to a SuperValu class action lawsuit.

Six plaintiffs filed the SuperValu class action lawsuit on May 31 in Illinois federal court after they purchased Equaline non-drowsy cold and flu medicine, believing they could safely be used during waking hours, the class action lawsuit states. They claim they paid a premium price for the product because they relied on the prominent “non-drowsy” and “daytime” notations on the label.

However, the non-drowsy Equaline cold and flu medicine they purchased allegedly contains dextromethorphan hydrobromide (DXM) as an active ingredient. Most consumers are unaware that drowsiness is a documented side effect of DXM, the SuperValu class action lawsuit says.

Supervalu class action alleges retailer misled consumers into believing Daytime Equaline medicine would not cause drowsiness

By including prominent “Daytime” and “non-drowsy” representations on the Equaline medicine’s label, SuperValu allegedly misled consumers into believing the products were intended to be used during waking hours and that drowsiness was not a side effect.

The plaintiffs say that they did not receive the benefit of the bargain and paid a price premium for a purportedly “non-drowsy” medicine that contains an active ingredient known to cause drowsiness.

The SuperValu class action lawsuit asserts claims for violations of various consumer protection statutes, violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and unjust enrichment.

Putative class members of the SuperValu class action lawsuit include consumers in the following states who purchased Equaline non-drowsy products:

• California
• Florida
• Illinois
• Massachusetts
• Minnesota
• Missouri
• New Jersey
• New York
• Washington

SuperValu is not the only retailer to face allegations that it falsely markets some of its cold and flu medicines as “non-drowsy” formulations. A recent Target class action lawsuit alleges the company falsely represents some of its Up & Up brand cough medicines as non-drowsy even though they contain an ingredient known to cause drowsiness.

Have you purchased a product containing DXM that was advertised as ‘non-drowsy’? You may qualify to join a non-drowsy product mislabeling class action lawsuit investigation. 

The plaintiffs are represented by Gary M. Klinger, Nick Suciu III and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC and by Mark S. Reich and Courtney E. Maccarone of Levi & Korsinsky LLP.

The SuperValu non-drowsy class action lawsuit is Adrion Harris, et al. v. SuperValu Inc., Case No. 1:22-cv-02863, in the U.S. District Court for the Northern District of Illinois.

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