Class Action Lawsuit Claims Dramamine Non-Drowsy Lacks Key Ingredient to Alleviate Motion Sickness

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The makers of Dramamine face a proposed class action lawsuit that alleges a Non-Drowsy variety is falsely advertised since it lacks the key ingredient that alleviates motion sickness and contains only ginger extract.

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The 24-page Dramamine lawsuit accuses Medtech Products and Prestige Consumer Healthcare Company of misleading reasonable consumers to believe the supplement, which is different from the regular Dramamine variety, contains dimenhydrinate, which is known to relieve motion sickness symptoms.

Although the defendants’ other Dramamine products in fact contain dimenhydrinate, the lawsuit claims the companies have interchangeably used the Dramamine brand name regardless of whether a product actually contains the motion sickness-relieving ingredient. The front label of the Dramamine “Made with Natural Ginger” product at issue does nothing to dispel the belief among consumers that the product contains only ginger, with no medication proven to alleviate motion sickness, the case says.

“Plaintiff and other consumers would not have purchased or would not have paid a price premium for the Product had they known that it contained only ginger, rather than dimenhydrinate,” the filing contends.

According to the suit, Google search results for “Dramamine” lead consumers to reputable medical websites that refer to dimenhydrinate as the generic name for the product and define it as an antihistamine that prevents and treats motion sickness symptoms such as nausea, vomiting and dizziness. This, and the fact that the defendants sell other products labeled Dramamine that contain the key ingredient, is why consumers believe the Dramamine at issue contains dimenhydrinate, the filing stresses.

Moreover, Medtech Products holds two trademarks for the word Dramamine, each with its own distinct font, the case relays. While the first Dramamine trademark is for motion sickness treatments generally, the second, bolded with sentence-case lettering, is trademarked specifically for dimenhydrinate tablets.

Ultimately, the defendants use the Dramamine product name with the font specific to dimenhydrinate tablets “whether [the product] actually contain[s] dimenhydrinate or not,” the complaint says.

Studies have concluded ginger is not effective at treating motion sickness, the suit notes.

The lawsuit looks to cover all persons who bought the Dramamine Non-Drowsy Dietary Supplement within the applicable statute of limitations period.

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