Albertsons ‘Non-Drowsy’ Signature Care Cold and Flu Medicines Cause Drowsiness, Class Action Claims

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Signature Care-brand “non-drowsy” cold and flu medicines sold by Albertsons Companies, Inc. are misleadingly labeled in that they contain an ingredient known to cause drowsiness, a proposed class action alleges.

The 26-page lawsuit claims the grocery store chain’s private-label generic versions of brands like DayQuil and Robitussin are falsely advertised as non-drowsy, daytime-use medicines even though they contain the active ingredient dextromethorphan hydrobromide (DXM), a common side effect of which is drowsiness. According to the suit, Albertsons’ labeling of the over-the-counter cold and flu medicines as “Non-Drowsy” and “Daytime” misleads consumers into believing that the products will not cause drowsiness, or that drowsiness is not a side effect of taking the medication.

“In reality,” the complaint alleges, “the Products cause drowsiness, which in effect destroys the primary reason for purchasing the ‘Daytime’ Products in the first place – for use during the day, when consumers do not want to be drowsy.”

The lawsuit argues that consumers would not have purchased the Signature Care cold and flu medicines, or would have paid less, had they known the products could cause drowsiness.

According to the case, Albertsons sells Signature Care-brand “Non-Drowsy” medications as an alternative to its “Nighttime” cold and flu relief products, and consumers purchase these “Daytime” medicines for the specific purpose of avoiding drowsiness, the suit says.

The non-drowsy medications, however, do not disclose anywhere on their labels that they may cause drowsiness, or that a common side effect is drowsiness, the lawsuit alleges. Per the case, drowsiness is a documented side effect of dextromethorphan hydrobromide (DXM), even at the recommended dosages.

The lawsuit claims the defendant’s labeling of the products is false and misleading and violates state consumer protection statutes and the Federal Food, Drug, and Cosmetics Act.

The case looks to represent anyone who purchased a Signature Care product labeled as “non-drowsy” that contained DXM in the U.S. during the applicable statute of limitations period.

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