
Alka-Seltzer, Theraflu, Rite Aid, and Walgreens Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat nasal congestion
Lemus et al. v. Rite Aid Corp.
22-cv-253, C.D. Cal.
(Feb. 2022)
Rite Aid over-the-counter cough, cold, and flu medicines
Falsely marketing medicines as “Non-Drowsy” when the active ingredient (dextromethorphan hydrobromide or DXM) causes drowsiness
Settled
(Voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. as to the named plaintiff and When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled. as to class members
Allegations: Falsely marketing that medicines treat nasal congestion
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Allegations: Misleadingly marketing that products “promote a healthy mouth” when using them contributes to various oral health issues
Allegations: Misleadingly marketing Rite Aid pain relief patches
Allegations: Marketing products as safe pain relievers for pregnant women without warning consumers that scientific evidence shows prenatal exposure to APAP can cause neurodevelopmental disorders in children
Allegations: Misleadingly marketing products as “Maximum Strength” when there are other products that contain more lidocaine
Allegations: Failing to disclose that products may contain a dangerous substance that increases the risk of serious adverse health consequences and death
Allegations: Failing to disclose that products contain a harmful substance and may increase the risk of contracting invasive infections
August 2020: This case was transferred from state court to federal court. (Case No. 20-cv-5476, N.D. Cal.) June 2020: A class-action lawsuit was filed against Rite Aid for allegedly misleadingly…
In July 2020, a class-action lawsuit was filed against Rite Aid for allegedly misleadingly advertising its Infants’ Fever Reducer & Pain Reliever and Children’s Fever Reducer & Pain Reliever as…
September 2019: A federal judge dismissed certain claims but allowed the false advertising claims to move forward. November 2018: A class-action lawsuit was filed against Rite Aid for allegedly misleadingly…
In October 2019, a class-action lawsuit was filed against Rite Aid for allegedly misleadingly representing that Dreamhouse Fine Foods Gourmet Praline Pecans contain “evaporated cane juice” when, according to plaintiffs,…
In March 2019, a class-action lawsuit was filed against Rite Aid for allegedly misleading promoting the Kidcents donation program, a system for donating to charity by allowing Rite Aid to…
November 2018: This lawsuit was transferred to a Pennsylvania court. (Case No. 18-cv-2135, M. D. PA.) February 2018: A class-action lawsuit was filed against Rite Aid for allegedly misleadingly stating…
In October 2018, a class-action lawsuit was filed against Rite Aid for allegedly misleadingly labeling Rite Aid Day Logic Ultimate Sheer Continuous Spray Sunscreen as having an SPF of 85…
In September 2017, a class-action lawsuit was filed against Rite Aid for allegedly falsely advertising that its Renewal After Sun Gel is made of aloe when, according to the complaint,…
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Drugstore chain’s No. 1 doctor-recommended claims come down in wake of NAD inquiry.
These claims are tough to swallow.
Unproven cold prevention and treatment claims are nothing to sneeze at.