Tylenol Class Action Lawsuit Alleges ‘Non-Drowsy’ Cough Medicine Makes You Drowsy

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“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

Read About More Class Action Lawsuits & Class Action Settlements:

• CVS Non-Drowsy Cough Medicine Class Action Claims Product Actually Causes Drowsiness
• Recall Check: Rompe Pecho Expands Recall of Cold and Flu Medicines Due to Risk of Microbial Contamination
• Zicam Cold Remedy False Advertising Class Action Claims Tossed, For Now
• Walgreens Class Action Alleges Company Misleads Customers With its Non-Drowsy Cough Medicines