PEORIA, Ill. (Legal Newsline) — A consumer is alleging Vick's Dayquil "Severe Cold & Flu" and SuperC is misleadingly labeled as a cold and flu treatment.
Jana Kampmann, individually and on behalf of all others similarly situated, filed a complaint Jan. 22 in the U.S. District Court for the Central District of Illinois against The Procter & Gamble Company alleging breach of express warranty and other claims.
Kampmann claims in the class action that after purchasing the defendant's two-pack "Severe Cold & Flu" Dayquil with SuperC, he expected the addition of vitamin C and other herbal ingredients to be a "proven OTC product" to effectively treat cold and flu symptoms and provide "therapeutic benefit."
He claims that by "co-packaging" vitamin C and natural herbs in the "Daytime Convenience Pack," consumers expect it is supposed to be used with the approved OTC combination that includes acetaminophen, a cough suppressant and an antihistamine, yet the label reads "this product is not intended to treat colds or flu."
Kampmann alleges the packaging makes "it clear to consumers" the two-pack product is intended to be used together to treat cold and flu symptoms, when clinical studies have "failed to demonstrate" vitamin C's effectiveness on reducing the severity of colds and flu.
Kampmann and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Central District of Illinois case number 1:23-CV-011021-JES-JEH