“Consumers should be able to rely on the labels placed on over the counter medicines,” said Simon Franzini of Dovel & Luner. “As alleged in the lawsuit, claiming that a medicine that causes drowsiness is ‘Non-Drowsy’ is deceptive—and dangerous.”
SANTA MONICA, Calif. (PRWEB) January 21, 2022
The Dovel & Luner law firm on Thursday filed a federal class action lawsuit against Johnson & Johnson Consumer Inc. on behalf of a California consumer who purchased “Non-Drowsy” Tylenol medication. Romoff v. Johnson & Johnson Consumer Inc., Case 3:22-cv-00075 (C.D. CA. Dkt. 1). The lawsuit alleges that Johnson & Johnson misled millions of consumers by deceptively labeling its Tylenol products as “Non-Drowsy,” even though the products do cause drowsiness.
The Complaint, filed in the United States District Court for the Southern District of California, alleges that Johnson & Johnson violated the consumer protection laws of many states, including the California Unfair Competition Law, the California False Advertising Law, and the California Consumer Legal Remedies Act.
The lawsuit claims that Johnson & Johnson prominently labels many of its Tylenol medications “Non-Drowsy.” As alleged in the Complaint, “a reasonable consumer would believe that the products do not cause drowsiness. That is, a reasonable consumer would believe that drowsiness is not a side-effect of the products.” The Complaint alleges, however, that in reality these “Non-Drowsy” Tylenol products contain Dextromethorphan Hydrobromide (DXM), an ingredient known to cause drowsiness.
As alleged in the Complaint, Johnson & Johnson’s “false statements increased the demand for Non-Drowsy Tylenol Products and allowed [Johnson & Johnson] to charge a price premium.”
The lawsuit seeks to enjoin Johnson & Johnson from continuing to engage in the allegedly deceptive advertising and to require that it compensate harmed consumers.