TRENTON, N.J. (Legal Newsline) – Bayer faces a class action lawsuit that claims an ingredient in non-drowsy Alka-Seltzer Plus cold and flu medicines actually causes drowsiness.
Four named plaintiffs filed the case June 14 in New Jersey federal court through lawyers at Milberg Coleman in New York, Chicago and Michigan, as well as Levi & Korinsky of New York City. At issue is the ingredient Dextromethorphan Hydrobromide (DM HBr.
“While the average consumer may not be aware, drowsiness is a documented side effect of DM HBr at dosages recommended by Defendant in respect to the Non-Drowsy Products,” the suit says. “Authorities such as the National Library of Medicine and Mayo Clinic list drowsiness as a side effect of this ingredient.”
The suit says customers are not aware of this and rely on the company’s non-drowsy claims when purchasing the products. It alleges breach of express warranty, as well as violation of consumer protection statutes in California, Michigan and Florida.
The packaging fails to warn of drowsiness as a side effect, the suit says.