BUFFALO, N.Y. (Legal Newsline) — The maker of Theraflu and Emergen-C is facing a class action over their "co-packaging" of the two products.
Susan Cirrito, individually and on behalf of all others similarly situated, filed a complaint June 5 in the U.S. District Court for the Western District of New York against GSK Consumer Health Inc., alleging violation of state consumer fraud acts and other claims.
Cirrito, according to her complaint, purchased the defendant's Theraflu and Emergen-C in Niagara County, New York, between July 2020 and May 2023. She claims that the co-packaged Theraflu and Emergen-C led consumers to believe that vitamin C is proven to be similarly effective at treating cold and flu symptoms as the ingredients in Theraflu, which include acetaminophen, dextromethrophan HRr and phenylephrine HCI.
Cirrito alleges that the "convenience pack" is misleading because consumers expect Emergen-C is comparably effective and intended to be used with the FDA-approved OTC medication like Theraflu. She further claims that by selling a "proven cough and cold treatment with a vitamin C supplement touted as having immune benefits," GSK misleads consumers about the "efficacy" of the product in treating cold symptoms.
Cirrito 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 Western District of New York case number 1:23-CV-00491-EAW