Walmart’s ‘Non-Drowsy’ Equate Cold & Flu Medicine Falsely Advertised, May Cause Drowsiness, Lawsuit Alleges

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A proposed class action claims Equate-brand Cold & Flu medicine sold by Walmart is falsely advertised as “Non-Drowsy” given it contains an active ingredient known to cause drowsiness.

According to the 13-page case, the over-the-counter Equate medication contains dextromethorphan hydrobromide, which is “well-known for causing drowsiness.” The suit alleges consumers have been misled by the non-drowsy representations on product labels in that they expected the Equate medicine to not make them drowsy or increase their chances of becoming drowsy.

“Had Plaintiff and proposed class members known the truth, they would not have bought the Product or would have paid less for it,” the complaint attests.

The lawsuit explains that consumers purchase over-the-counter products advertised as non-drowsy when they want to feel better but still be active and alert. According to the case, although Walmart is not required to disclose in the Drug Facts on the back of the Equate product’s packaging that dextromethorphan hydrobromide is linked to drowsiness, it is “still required to refrain from statements that may be half-truths, or false.”

By marketing the Equate product as “Non-Drowsy,” Walmart has misled consumers who relied on the packaging’s representations when they decided to buy the product, the suit alleges.

“Reasonable consumers must and do rely on a company to honestly identify and describe the components, attributes, and features of a product, relative to itself and other comparable products or alternatives,” the complaint states. “The value of the Product that Plaintiff purchased was materially less than its value as represented by defendant.”

The lawsuit looks to cover anyone in Illinois, Michigan, Iowa, Rhode Island, Georgia, North Dakota, Texas, New Mexico, Virginia, New Hampshire, South Dakota, and Oklahoma who purchased Equate Cold & Flu during the applicable statute of limitations period.

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