Robitussin Class Action: "Non-Drowsy" Claim Leads to $4.5 Million Settlement

The manufacturer of Robitussin has agreed to a $4.5 million settlement to end claims its "non-drowsy" cough and flu medicine causes drowsiness. 

The preliminary settlement agreement between Haleon and Robitussin consumers was filed on July 22 in a New York federal court, Reuters reports.

It resolves a class action lawsuit filed in 2022 that alleged GlaxoSmithKline (GSK) and Haleon misled consumers by labeling at least 16 Robitussin products containing dextromethorphan hydrobromide (DXM) as non-drowsy. 

DXM, a common cough suppressant, is known to cause drowsiness, a fact backed by medical research and a 2017 GSK presentation, the plaintiffs alleged, pointing out that the Federal Aviation Administration prohibits pilots from flying after taking medications containing DXM.

Haleon, which spun off from GSK in July 2022, denied wrongdoing.

Lawsuit Claims "Non-Drowsy" Label is Misleading and Dangerous

In 2022, New York plaintiffs Nancy Calchi and Stacey Papalia filed a lawsuit against GSK, the original manufacturer of Robitussin, alleging false advertising. They claimed GSK intentionally misled consumers by labeling their cough medicines as "non-drowsy," despite knowing the active ingredient, DXM, could cause drowsiness. Had they known the truth about this claim, they argued, they would not have purchased the products. The plaintiffs further contended that GSK deliberately deceived consumers to increase sales and revenue.

“Labeling Robitussin DXM Products as ‘non-drowsy’ … is demonstrably false and misleading because it is widely acknowledged by medical experts studying coughs that DXM can cause drowsiness,” the class action lawsuit alleged.

Settlement Offers Relief to Affected Consumers

The settlement applies to Robitussin purchasers from Feb. 16, 2016 to now. 

Payouts to consumers may range from $1.50 to $4.75 per claim, depending on the number of claims filed. As much as $2.05 million could be allocated to legal fees and settlement expenses.

The lawsuit faced significant hurdles, including a dismissal by a trial judge in March 2023, which led the plaintiffs to appeal, Reuters reports. The appeal was paused as the parties worked towards a settlement, according to court documents.

Haleon's agreement to remove the "non-drowsy" claim from its packaging and marketing seeks to ensure that future consumers are not misled by the labeling of the products. 

A similar class action lawsuit was filed in 2022 against Kroger by consumers who claimed the company falsely markets its cold and flu medicines containing DXM as “non-drowsy,” Bloomberg reports.

Case Details

• Lawsuit: Calchi v GlaxoSmithKline Consumer Healthcare Holdings and Papalia v GlaxoSmithKline Consumer Healthcare Holdings (US) LLC
• Case Number: 22-01341 and 22-02630
• Court: U.S. District Court for the Southern District of New York