“Non-Drowsy” Tylenol Cough Medicine Class Action Lawsuit Overview:
- Who: A Tylenol cough medicine consumer is suing Johnson & Johnson, the maker of the medicine
- Why: The consumer says the company markets the cough medicine as non-drowsy when it is not, because it contains DXM
- Where: The case was filed in a California federal court.
Tylenol “non-drowsy” cough medicine actually contains an active ingredient which is a known sedative that makes people drowsy, a new class action lawsuit alleges.
Plaintiff Robert Romoff filed the class action complaint against Johnson & Johnson Consumer Inc. on Jan. 20 in a California federal court, alleging violations of state and federal consumer laws.
According to the complaint, many of Johnson & Johnson’s Tylenol -branded over-the-counter cough medicine products contain the active ingredient Dextromethorphan Hydrobromide (DXM), and state prominently on the front of their labels that they are “non-drowsy.”
By prominently labeling the products as “non-drowsy,” the pharma company led consumers to believe that they do not cause drowsiness, and that drowsiness is not a side effect, Romoff states.
“But the truth is that products containing DXM—and thus the Non-Drowsy Tylenol Products—do cause drowsiness, and that drowsiness is a common side effect of DXM,” the lawsuit states.
The lawsuit references the U.S. Food & Drug Administration’s adverse event report database, which it says confirms that “sedation” is one of the most frequently-cited side effects of dextromethorphan-containing products.
The lawsuit also points out that there are similar products that also contain DXM that do not claim they are non-drowsy. Romoff claims that the “non-drowsy” products are therefore sold at a premium price that they should not be sold at.
Romoff is looking to represent anyone who bought the non-drowsy Tylenol product in the United States, plus a California Subclass.
The plaintiff is suing under state consumer laws and for negligent misrepresentation, breach of warranty and unjust enrichment. He is seeking certification of the class action, damages, restitution, an injunction, fees and costs.
Tylenol Joins DayQuil and Robitusson in Growing List of Medicines Facing Class Actions over ‘Non-Drowsy’ False Advertising
The class action comes just weeks after a class action lawsuit was filed against Procter & Gamble, claiming its popular cough medicine DayQuil is marketed as being non-drowsy; however, it contains ingredients that do, in fact, make you drowsy.
Pfizer and GlaxoSmithKline have also been hit with a lawsuit alleging their cough medicine, Robitussin, which is also labeled as “non-drowsy,” may cause drowsiness.
Do you feel drowsy when you take Tylenol Non-Drowsy Products? Let us know in the comments.
The plaintiff is represented by Jonas B. Jacobson, Simon Franzini and Alex Van Dyke of Dovel & Luner, LLP.
The Tylenol Drowsiness Class Action Lawsuit is Robert Romoff v. Johnson & Johnson Consumer Inc, Case No. 3:22-cv-00075-LL-JLB in the U.S. District Court Southern District of California
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79 thoughts onTylenol Class Action Lawsuit Alleges ‘Non-Drowsy’ Cough Medicine Makes You Drowsy
How do we add our names to these class actions?
My family and I have been taking TYLENOL Sinus + Headache Non-Drowsy Daytime Caplets and TYLENOL Cold + Flu Severe Day Liquid for as long as I can remember. My wife always insisted that I buy the Tylenol name brand because it was trusted, how about that for irony!!?? Also it’s kinda hard for me to admit but I even take a big swig of the stuff hoping that it would energize me a little bit…no wonder I always feel so dang sluggish. SMH
I PURCHASED MANY OF THESE BELIEVING THEY WERE “NON-DROWSY” AND INDEED, I GOT VERY SLEEPY AND IT AFFECTED MY WORK & HOME LIFE. THEY SHOULD BE HELD ACCOUNTABLE.
Add me please
Hello. I am 56 years old and have been taking Robitussin, Tylenol Severe Cold, for many years. These medications always have made me drowsy. To the point when I was sick, I missed multiple days of work. The medication knocked me out even though it said NON DROWSY. I always wondered why I would sleep for hours while taking this. My doctor said it was my metabolism. But now I see it wasn’t. It was the medication.
Hello. I am 56 years old and have been taking Robitussin, Tylenol Severe Cold, for many years. These medications always have made me drowsy. To the point when I was sick, I missed multiple days of work. The medication knocked me out even though it said NON DROWSY. I always wondered why I would sleep for hours while taking this. My doctor said it was my metabolism. But now I see it wasn’t. It was the medication. Please add my name to the list.