Procter & Gamble’s DayQuil Cough Medicine Is Not Actually Non-Drowsy, Can Make Its Users Feel Sleepy
A class action lawsuit is accusing Procter & Gamble of misrepresenting its DayQuil cough medicine as non-drowsy, although it has a substance that allegedly makes people sleepy when consumed.
Jacqueline Clay v. The Procter & Gamble Company
Filed by complainant Jacqueline Clay, the Vicks DayQuil Non-Drowsy Class Action Lawsuit contends that the consumer goods behemoth has misled its consumers.
Clay contends that DayQuil claimed as ‘non-drowsy’ by its manufacturer, has the chemical Dextromorphan Hydrobromide or DXM as its active ingredient in its product labeling.
The plaintiff retorts that there is a study that backs up their claim that DXM can make its users feel drowsy. The reported literature details that more than ten percent of DXM-based cough users have experienced sleepiness just within three days soon after starting their treatment using the mentioned medication.
Further, the alleged mislabeling allows Procter & Gamble to make more money off of their DayQuil cough offering compared to its actual worth.
Various Charges Against P&G
The class action counters that the lawsuit amounts to more than $5 million for the reason that the number of consumers included in the Class is so many.
Clay is looking to form and represent a Class of buyers all over the country who made a purchase of The Procter & Gamble Company’s DayQuil cough medicine. In addition, a Class dedicated to New York customers is also included in the class certification request.
The Vicks DayQuil Non-Drowsy Class Action Lawsuit wants to take the defendant consumer products company to court for the charges of violating a number of federal and state-level consumer protection and warranty statutes.
The Procter & Gamble Company is not the only company that is facing a class action challenge in court in relation to the alleged false advertising of supposedly ‘non-drowsy’ cough medications. Other medicine companies, namely GlaxoSmithKline or GSK and Pfizer, have also been plagued with similar class actions in the past.
Consider The Consumer will continue reporting on this matter.
Editor’s Note on Vicks DayQuil Non-Drowsy Class Action Lawsuit:
This blog post discusses the latest class action filed against Procter & Gamble by a complainant arguing that its cough medicine is misrepresented and is not actually ‘non-drowsy.’ We would also like to recommend you the Robitussin Maximum Strength Cough Syrup case.
Case Name(s) & No.(s): Jacqueline Clay v. The Procter & Gamble Company; Case No.: 1:21-cv-11133
Jurisdiction: United States (U.S.) District Court for the Southern District of New York
Allegation(s): DayQuil, a cough medicine made by The Procter & Gamble Company, is said to be falsely advertised.
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