GSK Agrees to Settle Robitussin ‘Non-Drowsy’ False-Ad Lawsuit

GSK Consumer Health Inc. and consumers who alleged it deceptively marketed Robitussin cough medicines as “non-drowsy” have agreed in principle to a classwide settlement, according to a recent court filing.

Lead plaintiffs Nancy Calchi and Stacey Papalia alleged the labeling is deceptive because Robitussin products contain dextromethorphan, an ingredient known to cause sleepiness. They appealed to the US Court of Appeals for the Second Circuit after their suit was dismissed as preempted by federal regulations governing over-the-counter drug labeling.

• The plaintiffs and GSK asked the Second Circuit Nov. 17 to hold their appeal in abeyance in light of the potential ...