Walgreens class action alleging children’s medicine same as adult version to proceed

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Update:

• A California federal judge declined to let Walgreens out of the majority of a class action lawsuit claiming the company fraudulently marketed a generic children’s cough medicine. 
• The judge ruled a jury could possibly determine Walgreens made misleading representations about the product.
• Consumers claim Walgreens misrepresented the cough syrup product as being only for children when it is actually the same version it markets to adults. 
• Walgreens argues California courts set a standard that a manufacturer or retailer can charge whatever they want for a product and market it to different audiences if they choose. 
• The judge dismissed with prejudice claims of negligent misrepresentation, ruling it precludes certain claims made purely for economic damages.

Walgreens cough medicine class action overview: 

• Who: A California children’s cough medicine consumer is suing Walgreens.
• Why: The plaintiff alleges the company’s children’s cough medicine is sold at a higher price than the adult’s version, despite being the same product.
• Where: The Walgreens cough medicine class action was filed in a California federal court.

(Jan. 16, 2023)

Walgreens sells store-brand children’s cough medicine at a higher price than the adult version, even though the products have the same ingredients, a new class action lawsuit alleges.

Plaintiff Joycette Goodwin filed the class action lawsuit against Walgreens Co. on Jan. 10 in a California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, Walgreens’ “Children’s 12-Hour Cough Relief Cough DM” medicine is the same as its adult version, but costs about $1.16 more per ounce.

The product marketed for children has an image of a cartoon child, explicitly states it is “for children” and assures parents that the product is safe for “ages 4 & older”. 

The product marketed for adults does not have the word “children” anywhere on the front label, does not contain any image of a cartoonlike child or otherwise and does not provide an age range.  

Apart from this, the products are identical, the lawsuit alleges.

“The truth is that the Children’s Cough DM product has the exact same formula and ingredients as the Adult’s Cough DM product,” the lawsuit states. “Defendant puts the same cough syrup into two different products with different labels. Consumers are being deceived and overcharged.”

Walgreens preys on parents’ good intentions, lawsuit alleges

Walgreens sells the 3-ounce child’s version of Cough DM for $13.99, while the regular goes for just $10.49, the lawsuit alleges.

Goodwin says Walgreens is preying on the good intentions of consumers who want to protect their children, in order to charge a higher price.

“In short, [Walgreens] tricks consumers into thinking they are buying a cough suppressant product specially formulated for children, when in reality, consumers are just buying [Walgreens] cough relief product for adults in a different packaging marketed for children,” the lawsuit states.

Goodwin is looking to represent anyone in the United States who bought the children’s cough medicine, plus a California subclass. 

She is suing for violations of California’s consumer laws, unjust enrichment and breach of warranty. She wants Walgreens to destroy all misleading packaging and launch an ad campaign informing consumers of the issue, and she seeks damages, fees, costs and a jury trial. 

Last year an Illinois resident sued Walgreens for allegedly misleading customers into thinking that its hydrogen peroxide product can safely be used for treating cuts and scrapes.

What do you think of the allegations in this Walgreens class action lawsuit? Let us know in the comments. 

Joycette Goodwin is represented by Ronald A. Marron, Michael T. Houchin and Lilach Halperin of the Law Offices of Ronald A. Marron.

The Walgreens cough medicine class action lawsuit is Joycette Goodwin, et al. v. Walgreens Co., Case No. 2:23-cv-00147, in the U.S. District Court for the Central District of California.

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