
CATrends: OTC Cold and Flu Medicines Falsely Marketed as ‘Non-Drowsy’
Several products marketed as “non-drowsy” contain an ingredient that causes drowsiness, lawsuits claim.
In October 2016, a federal court dismissed a false advertising class-action lawsuit filed against Pfizer in 2015. The complaint had alleged that the company misleadingly uses You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.ed packaging for Advil® to make consumers believe they are buying more than they actually are. The judge dismissing the lawsuit found (1) that reasonable consumers could not be misled because the labels clearly display the total number of pills in the container; and (2) that plaintiffs failed to meet the requirements for bringing a class action in federal court because they did not suffer any loss. (Fermin et al v. Pfizer Inc., Case No. 15-cv-2133, E. D. NY.)
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Several products marketed as “non-drowsy” contain an ingredient that causes drowsiness, lawsuits claim.
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