CVS Pharmacy is facing a proposed class-action lawsuit alleging that it misleadingly markets certain over-the-counter medications as "non-drowsy" despite their containing DXM (dextromethorphan hydrobromide), an ingredient known to cause drowsiness.
On November 20, a federal judge in Missouri denied CVS's motion to dismiss the claims, allowing the lawsuit to proceed under Missouri and other states' consumer protection laws.
The lawsuit contends that CVS's labeling practices are deceptive, potentially leading consumers to believe that these products do not cause drowsiness when, in fact, they may.
This case is part of a broader trend of legal actions challenging the marketing of "non-drowsy" medications containing DXM. For instance, in July 2024, GlaxoSmithKline agreed to a $4.5 million settlement and to remove "non-drowsy" claims from its Robitussin products containing DXM.
In the Robitussin case ...
The covered products include “any flavor Robitussin product containing DXM and marketed as non-drowsy,” according to the motion.