Target Up & Up Products Added To Growing List of ‘Non-Drowsy’ Product Class Action Lawsuits

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Target Non-Drowsy Cough Medicine Class Action Lawsuit Overview: 

• Who: Krystal Yvette Lopez filed a class action lawsuit against Target Corp. 
• Why: Lopez claims Target falsely markets its Up & Up brand over-the-counter cough medicines as “non-drowsy” despite them containing dextromethorphan hydrobromide (DXM). The allegations are the latest in a number of similar claims made against companies over their labeling of cough medicines containing DXM as “non-drowsy.” 
• Where: The class action lawsuit against Target was filed in California federal court. 

Target Corp. falsely represents that Up & Up brand over-the-counter cough medicines it makes, markets and sells are “Non-Drowsy,” a new class action lawsuit alleges. 

Plaintiff Krystal Yvette Lopez claims Target markets Up & Up over-the-counter cough medicines as non-drowsy despite them containing dextromethorphan hydrobromide (DXM), which is allegedly known to cause drowsiness. 

Lopez wants to represent a nationwide class and California subclass of consumers who have purchased an Up & Up product labeled as “Non-Drowsy.” 

The claims against Target are only the latest in a slew of class action lawsuits recently filed against companies accused of misrepresenting over-the-counter cough medicines as being non-drowsy. 

Kroger, Meijer, CVS Class Action Lawsuits Pile Up Over False ‘Non-Drowsy’ Claims

Last month, a consumer filed a class action lawsuit against Robitussin claiming the company advertises its cough medicines as being non-drowsy despite them containing DXM. 

The consumer behind the Robitussin class action lawsuit claims the company falsely represents its cough medicines as non-drowsy to “boost its revenues.” 

In March, Kroger faced a class action lawsuit from two consumers claiming the company markets certain cold and flu medicines containing DXM as being non-drowsy. 

The consumers claimed that, despite being marketed as non-drowsy, the Kroger medications caused them to become “unexpectedly drowsy.” 

Also in March, consumers hit Meijer with a class action lawsuit accusing the grocer of falsely advertising that its cold and flu medications containing DXM are non-drowsy.

The three consumers behind the class action lawsuit claim the Meijer version of products such as DayQuil and Robitussin caused them to become drowsy despite their representations to the contrary.

Albertsons, meanwhile, faced a class action lawsuit in February that argued the company misrepresented its Signature Care brand over-the-counter cough and flu medicines as “Non-Drowsy.” 

The consumer behind the complaint argues the Signature Care brand cough and flu medicines are misleadingly labeled as “Non-Drowsy” and “Daytime,” despite containing DXM. 

Also in February, consumers filed three separate class action lawsuits against Rite Aid, Top Care and GlaxoSmithKline over claims the companies falsely market cough medicines as being “non-drowsy.”

The consumers behind the class action lawsuits all similarly alleged that Rite Aid, Top Care and GlaxoSmithKline mislead customers since the cough medicines they advertise as non-drowsy actually contain DXM. 

In January, a consumer targeted Walgreens with a class action lawsuit that claimed the company misled consumers by labeling its home-brand cold and flu products as being non-drowsy when they contained DXM. 

The consumer who filed the complaint argues Walgreens commits breach of warranty and violates consumer protection laws by allegedly misrepresenting the drowsiness effects of its cold and flu products. 

Also in January, a consumer accused Johnson & Johnson of misrepresenting its Tylenol brand “non-drowsy” cough medicines since they, in reality, contain DXM. 

The consumer behind the complaint argues similar products that contain DXM aren’t labeled as “non-drowsy,” reinforcing the claim that products containing DXM that are represented as “non-drowsy” are therefore overpriced. 

Meanwhile, a consumer filed a class action lawsuit against Walmart in January, claiming it misrepresents its Equate brand over-the-counter cough medicines as “non-drowsy.”

The consumer accuses the retail company of misrepresenting its Equate brand cough medicines, which contain DXM, as being “non-drowsy” to “overcharge” its customers for the products. 

Also in January, a consumer hit Procter & Gamble with a class action lawsuit claiming it falsely marketed its DayQuil cough medicines as non-drowsy when they actually contain DXM.

The consumer who filed the complaint alleges P&G misleads customers about the drowsiness effects of its DayQuil cough medicines so it can charge more for the product than it is actually worth. 

Going back to last year, a CVS Health consumer hit the company with a class action lawsuit in December alleging its pharmacy misleads its customers by labeling its CVS Health-brand over-the-counter cough medicines containing DXM as “non-drowsy.” 

The consumer behind the complaint argued she has been put in an “imminent threat of harm” due to CVS Health’s alleged misrepresentations, saying she will no longer be able to trust that the labels on CVS Health products are truthful. 

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 Target Non-Drowsy Cough Medicine Class Action Lawsuit is Lopez v. Target Corp., Case No. 5:22-cv-03069, in the U.S. District Court for the Northern District of California.

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