Tylenol PM Class Action Lawsuit: "Non-Habit Forming" Claims Challenged

Case Overview: A class action lawsuit claims Johnson & Johnson's Tylenol PM misleads consumers with its "non-habit forming" claims, despite containing an ingredient linked to dependency.

Consumers Affected: Consumers in the United States who purchased Tylenol PM.

Court: U.S. District Court for the Eastern District of California 

Johnson & Johnson faces a class action lawsuit alleging that its Tylenol PM product misleads consumers by claiming to be “non habit-forming.” 

Filed on November 13, 2023, in a California federal court, the case centers on the ingredient diphenhydramine, which the plaintiff alleges can lead to dependency when used repeatedly.

California plaintiff Sirreon Goodson purchased Tylenol PM multiple times in late 2023, relying on the labeling that promoted the product as safe for regular use without risk of forming a habit. Goodson contends that this representation was false, as diphenhydramine has been associated with tolerance and dependency through consistent use.

Tylenol PM Contains Habit-Forming Ingredient, Lawsuit Claims

Diphenhydramine, a common antihistamine found in Tylenol PM, is widely used for its sedative properties. According to the lawsuit, research has shown that individuals using this ingredient over extended periods may require higher doses to achieve the same effect, eventually leading to dependency.

Goodson states that he developed a reliance on the product despite following the directions on the label. He claims this outcome contradicts the prominent “non habit-forming” claim printed on the packaging. The case argues that consumers were misled into believing the product posed no risks of dependency, causing them to purchase the sleep aid under false pretenses.

Johnson & Johnson Misled Consumers

Goodson also alleges that Johnson & Johnson marketed Tylenol PM as a safe and effective sleep aid while omitting information about the dependency risks linked to its active ingredient. The lawsuit claims this misrepresentation allowed the company to charge a premium price, as consumers believed they were purchasing a product that did not pose the risks associated with habitual use.

“Tolerance can develop in as little as 1–2 weeks, requiring users to take larger and larger doses for the same sedating effect, and causing dependency in users who find they need diphenhydramine to fall asleep,” the lawsuit states. “The result is habitual use.”

In the Tylenol PM class action lawsuit, Goodson seeks to represent consumers across the United States who bought Tylenol PM during the applicable time frame. He is suing for violations of state and federal consumer protection laws, along with breach of warranty claims. Goodson is requesting monetary damages, restitution, and legal fees, as well as the certification of a class action.

Case Details

• Lawsuit: Sirreon Goodson v. Johnson & Johnson Services Inc.
• Case Number: 2:24-at-01432
• Court: U.S. District Court for the Eastern District of California  

Plaintiffs' Attorneys

• Timothy Fisher and Brittany S. Scott (Bursor & Fisher P.A.)

Have you used Tylenol PM? What are your thoughts on this lawsuit? Share your experience in the comments below.