Walgreens Sued Over “Non-Drowsy” Labeling

On Monday a putative class action complaint was filed in the Northern District of Illinois by Tracy Hall against Walgreens Boots Alliance and its affiliates. The complaint alleges false advertising in Walgreens-branded products that are labeled as “non-drowsy,” claiming that the products at issue actually cause drowsiness.

The complaint explained that pharmacy chain Walgreens makes, markets and sells over the counter remedies for illnesses such as the cold or the flu. Many remedies for these conditions contain dextromethorphan hydrobromide (DXM) which causes drowsiness, which is undesirable if the patient is taking the medication in order to be able to work or learn.

The plaintiff accuses the defendant of including DXM in its products labeled as non-drowsy products, which is misleading as they will still cause drowsiness. The plaintiff also notes that DXM is specifically required to be noted for under Federal Aviation Administration regulations, as it is specifically banned for use by aircraft pilots.

The plaintiff is suing as a class for violations of State Consumer Protection acts for several states, breach of express warranty, and false advertising. The plaintiff is represented by Dovel & Luner, LLP.

Late last year, a similar suit was filed by the same law firm against competing pharmacy chain CVS.