Walmart
TINA.org investigations into Walmart have revealed that the retail giant repeatedly engaged in false and deceptive Made in USA marketing on its website, and used undisclosed stealth marketing directed at…
Mucinex, Sudafed, Tylenol, Benadryl and Other Cold & Flu Medicines
Case Name (Date)
Emmons et al. v. McNeil Consumer Healthcare et al.
23-cv-3874, E.D. Penn.
(Oct. 2023)
Product/Service
Mucinex Sinus Max, Sudafed PE, Tylenol Cold & Flu Severe, Benadryl Allergy Plus, Vicks NyQuil Severe Cold & Flu, Vicks NyQuil Sinex, Wal-Phed PE Nasal Decongestant Tablets, and Wal-Phed PE Sinus Congestion Day & Night Tablets
Allegations
Falsely marketing medicines as decongestants when the active ingredient (phenylephrine) is not an effective decongestant
Status
Pending
Legal Action
Class-Action Tracker
Neutrogena and Aveeno Sunscreens
Allegations: Failing to disclose products contain the carcinogen benzene
Neutrogena Makeup Remover Cleansing Towelettes
Allegations: Falsely marketing products as plant based
Aveeno Makeup Removing Wipes
Allegations: Falsely marketing products as 100% plant-based when they contain synthetic, non-plant ingredients
Listerine Cool Mint Antiseptic Mouthwash
Allegations: Failing to warn consumers that regularly using the product causes the proliferation of certain cancer-causing bacteria
Band-Aid
Allegations: Misleadingly marketing that products are made with safe and high-quality ingredients, and the company is committed to the health of consumers, communities, and the planet
Band-Aid Adhesive Bandages
Allegations: Misleadingly marketing products as safe and healthy when they contain harmful per- and polyfluoroalkyl substances (PFAS)
Band-Aid Bandages
Allegations: Misleadingly marketing products as safe, healthy, made with the “best ingredients,” environmentally friendly, and committed to the health of consumers, communities and the planet
Neutrogena and Clean & Clear Acne Products
Allegations: Misleadingly representing that products were safe when they contained, or were at risk of containing, the carcinogen benzene
Neutrogena T/Gel Coal Tar Shampoos
Allegations: Failing to disclose that products contain high levels of the carcinogen benzene
Neutrogena T/Sal Therapeutic Shampoo
Allegations: Falsely marketing products as “Preservative-Free”
Sudafed, Tylenol, NyQuil, Theraflu, Mucinex, and Several Store Brands
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Sudafed, Tylenol, DayQuil, NyQuil and Store Brand Cold and Flu Medicines
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Sudafed PE
Allegations: Falsely marketing that medicines treat congestion and other sinus issues
Tylenol, Theraflu, NyQuil, and DayQuil
Allegations: Falsely marketing that phenylephrine products treat nasal congestion
Children’s Dimetapp, DayQuil, Mucinex, Mucinex Children’s, and Sudafed
Allegations: Falsely marketing that phenylephrine products treat nasal congestion
NyQuil, Tylenol, Sudafed, Mucinex, and Several Store Brands
Allegations: Falsely marketing that medicines treat nasal congestion
Advil, Tylenol, DayQuil, NyQuil, TheraFlu, Sudafed, and Other Cold and Flu Medicines
Allegations: Falsely marketing that medicines are decongestants
Cold and Flu Medicines
Allegations: Falsely marketing the products treat nasal congestion
Several Brands of Sunscreen Sold at Walgreens
Allegations: Falsely advertising sunscreens as waterproof
Mucinex, Tylenol, Sudafed PE, Robitussin, Theraflu, Vicks, and Other Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat nasal congestion
Sudafed PE, Tylenol Cold & Flu Severe, Benadryl Allergy Plus, Theraflu, NyQuil Severe Cold & Flu, and Walgreens
Allegations: Falsely marketing medicines as decongestants
Sudafed PE, Benadryl, Tylenol, Benylin, Codral, DayQuil, NyQuil, Sinex, Vicks, and Alka-Seltzer Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat congestion
Sudafed PE, DayQuil, NyQuil, and Mucinex Cold and Flu Products
Allegations: Falsely marketing that products treat nasal congestion
Advil, Tylenol, DayQuil, NyQuil, TheraFlu, Sudafed, Robitussin, and Other Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat congestion
Sudafed PE and Vicks NyQuil
Allegations: Falsely marketing products as decongestants
Tylenol, TheraFlu, Mucinex, and Several Store Brands of Cold and Flu Medicines
Allegations: Falsely marketing medicines as nasal decongestants
DayQuil, NyQuil, and Tylenol Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat congestion
Sudafed, Benadryl, Vicks NyQuil, Mucinex, and Walmart’s Equate
Allegations: Falsely marketing that medicines treat congestion
Sudafed, Benadryl, Mucinex Robitussin, and Walmart’s Equate Cold and Flu Medicines
Allegations: Falsely marketing that medicines relieve nasal congestion and sinus pressure
Sudafed, NyQuil, Theraflu, Robitussin, Tylenol, Mucinex, and Several Store-brand Cold and Flu Medicines
Allegations: Falsely marketing medicines as nasal decongestants
Several Brands of Cold and Flu Medicines
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Tylenol Cold and Flu Medicines
Allegations: Falsely marketing that medicines relieve nasal congestion
Theraflu, Sudafed, Tylenol, and other Cold & Flu Medicines
Allegations: Falsely marketing medicines as decongestants
Sudafed, Tylenol, and Other Cold and Flu Medicines
Allegations: Falsely marketing products as decongestants
Tylenol and Mucinex Cold & Flu Medicines
Allegations: Falsely marketing that medicines treat nasal congestion
Mucinex, Tylenol, Benadryl, TheraFlu, NyQuil, and Sudafed Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat congestion
Sudafed, CVS, Advil, Up & Up, Signature Care, Equate, and Tylenol Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat nasal congestion
Tylenol, Vicks, and Walgreens Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat nasal decongestion
Benadryl Allergy Plus Congestion
Allegations: Falsely marketing that medicines treat sinus pressure and nasal congestion
Tylenol Sinus
Allegations: Falsely marketing that medicines treat congestion and other sinus issues
Sudafed PE, Vicks NyQuil, and Benadryl Allergy Plus Congestion
Allegations: Falsely marketing that medicines treat nasal decongestion
Aveeno Baby Products
Allegations: Misleadingly marketing products as specially made for babies when they contain the same formulation as the adult versions
Tylenol Extra Strength Rapid Release Gels
Allegations: Falsely advertising that products provide faster relief than other acetaminophen products
Benecol Regular and Light Spreads
Allegations: Misleadingly labeling products as containing no trans fats and being safe for human consumption when the spreads contain partially hydrogenated oils, which are trans fats that increase the risk…
OGX Dry Shampoos
Allegations: Failing to disclose products contain the carcinogen benzene
Zarbee’s Children’s Sleep
Allegations: Products contain more melatonin than advertised
Tylenol Products Containing DXM
Allegations: Misleadingly marketing medicines as “non-drowsy” when an ingredient in them causes drowsiness
Various Tylenol Products
Allegations: Marketing products as safe without disclosing that they contain a harmful heavy metal
Neutrogena Healthy Skin Firming Creams
Allegations: Failing to disclose products contain the carcinogen benzophenone
Zarbee’s Gripe Water
Allegations: Misleadingly marketing that products “help[] ease occasional gas & stomach discomfort” associated with colic and hiccups in newborns when none of the ingredients have been shown to provide the…
Tylenol® Rapid Release Gelcaps
Allegations: Misleadingly marketing that Tylenol rapid release products work faster than other products when they don’t
Neutrogena Healthy Skin Firming Cream
Allegations: Failing to disclose products contain the carcinogen benzophenone
OGX Shampoos and Conditioners
Allegations: Falsely representing that products smooth, nourish, soften, repair and revive hair without disclosing that ingredients in the products cause significant hair loss and irritate the scalp
OGX Shampoo and Conditioner
Allegations: Misleadingly marketing products will smooth, nourish, soften, repair and revive hair without disclosing that they contain an ingredient – DMDM hydantoin – that causes hair loss and scalp irritation
Lactaid Dietary Supplements
Allegations: Misleadingly advertising that supplements prevent, treat, cure and mitigate lactose intolerance without FDA approval to make such claims
Neutrogena-branded Sunscreen
Allegations: Failing to disclose sunscreens contain the carcinogen benzene
Johnson & Johnson’s Baby Powder
Allegations: Failing to adequately disclose that powders contain a dangerous ingredient
Certain Neutrogena and Aveeno Sunscreens
Allegations: Failing to disclose sunscreens contain the carcinogen benzene
Listerine Naturals
Allegations: False natural claims
Sunscreens from Neutrogena
Allegations: Failing to disclose sunscreens contain the carcinogen benzene
Johnson & Johnson Baby Powder and Shower to Shower Products
Allegations: Falsely marketing the products are safe and “free of asbestos”
Zarbee’s Naturals Nighttime Cough Syrup + Mucus
Allegations: False natural and chemical-free claims
Oil-Free Neutrogena Skincare Products
In December 2020, a class-action lawsuit was filed against Johnson & Johnson Consumer Inc. for allegedly falsely advertising Neutrogena skincare products – including Hydro Boost Cleansing Gel and Oil Free…
Neutrogena Oil-Free Face Moisturizer for Sensitive Skin
In 2020, a class-action lawsuit was filed against Johnson & Johnson Consumer Inc. for allegedly falsely advertising Neutrogena Oil-Free Face Moisturizer for Sensitive Skin as being “Oil-Free” when, according to…
Neutrogena Cleansing Towelettes
August 2020: This case was transferred from a court in California to one in New Jersey. (Case No. 20-cv-10406, D.N.J.) July 2020: The case was transferred from state court to…
Infants’ Tylenol
June 2020: A federal court judge granted final approval of the settlement agreement. December 2019: A federal judge preliminarily approved the settlement agreement. A final fairness hearing is scheduled for…
Neutrogena Sunscreen
December 2017: The remaining claims in this case were voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which were not disclosed. October…
Pure & Free® Sunscreens
November 2017: This consolidated action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed. October 2017: This…
Aveeno “Active Naturals” Products
January 2018: Both appeals were voluntarily dismissed, the reasons for which were not disclosed. November 2017: A federal judge granted final approval of the settlement. Later in November, two objectors…
REMBRANDT® Deeply White™ Toothpastes and Mouthwashes
June 2018: The case was voluntarily dismissed because the parties reached a settlement agreement, the terms of which were not disclosed. June 2017: Plaintiffs filed an amended complaint bringing similar…
Aveeno Stress Relief Moisturizing Lotion and Body Wash
July 2019: This case was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. because the parties reached a settlement agreement, the terms of which have…
Aveeno Baby Brand Natural Products
July 2019: A federal judge granted final approval of the settlement agreement. May 2019: Plaintiffs moved for final approval of a proposed settlement agreement that would provide class members with…
Neutrogena Light Therapy Acne Mask Activator
In November 2018, a class-action lawsuit was filed against Johnson & Johnson for allegedly falsely advertising the Neutrogena® Light Therapy Acne Mask and Mask Activator (an acne treatment where a…
Aveeno® Natural Sunscreen Products
June 2017: This case was administratively closed because the parties reached a settlement agreement and asked for 30 days to memorialize the agreement in writing. The terms of the agreement…
Aveeno’s Natural Claims
July 2015: The Smith action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed. December 2014: This…
Benecol Regular and Light Spreads
In May 2017, a class-action lawsuit was filed against Johnson & Johnson and McNeil Nutritionals for allegedly falsely labeling Benecol Regular and Light Spreads as containing “No Trans Fats” and…
Listerine Total Care Mouthwash
June 2015: The parties withdrew the appeal, the reasons for which have not been disclosed. December 2014: The named plaintiff filed a Notice of Appeal regarding the November 2014 order.…
Nectresse® Natural No Calorie Sweetener
December 2016: This action was voluntarily dismissed, the reasons for which have not been disclosed. The named plaintiff’s claims were dismissed When a complaint is dismissed with prejudice, it cannot…
Aveeno Baby Wash
October 2013: This action was dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been disclosed.…
Johnson’s® Bedtime Products
January 2017: A federal judge granted final approval of the settlement. (Leiner et al v. Johnson & Johnson Consumer Companies, Inc., Case No. 15-cv-5876, N. D. IL.) August 2016: After…
“Active Naturals” Aveeno Products
September 2014: Plaintiffs withdrew their motion to transfer and consolidate related lawsuits. June 2014: Plaintiffs moved to transfer (i. e. move a case to another court) and consolidate (i. e.…
Johnson & Johnson Bedtime Bath Products
June 2014: This action was dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed. January 2013: A class-action lawsuit…
Aveeno Sunscreen
April 2013: The case was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled.. The reasons for the dismissal have not been disclosed. August 2012: A…
Neutrogena Naturals
August 2013: A federal judge granted final approval of a settlement of this action. According to the settlement terms, each class member may receive up to $10 ($1 for each…
Aveeno and Neutrogena Sunscreens
August 2015: A federal judge granted Johnson & Johnson’s and Neutrogena’s motion for summary judgment finding that there are no issues of material fact because the companies provided evidence that:…
Aveeno Baby Natural Protection Sunscreen
September 2013: The named plaintiffs voluntarily dismissed this action When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.. The reasons have not been…
Neutrogena Sunscreens
March 2016: The parties agreed to dismiss this action and it was dismissed When a complaint is dismissed with prejudice, it cannot be refiled.. The reasons for the dismissal have…
The Packaging for Tylenol®
April 2015: This action was dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.. The reasons for the dismissal have not been…
The Packaging of Motrin®
October 2015: This action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled.. The reasons have not been disclosed. March 2015: A class-action lawsuit was…
Benecol® Spreads
In July 2015, a false advertising class-action lawsuit against Johnson & Johnson was dismissed When a complaint is dismissed with prejudice, it cannot be refiled. after the parties reached a…
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