‘Non-Drowsy’ Alka-Seltzer Deception Suit Advances Against Bayer

Consumers who say a Bayer AG unit deceptively marketed “non-drowsy” Alka-Seltzer got the green light for most claims in their proposed class suit.

Federal regulations governing cold and cough medicine labels don’t preempt the claims, the US District Court for the District of New Jersey said on Wednesday, partially denying the company’s motion to dismiss the suit. It’s a break from other federal courts, which have dismissed “non-drowsy” deception claims as barred by regulations.

Maureen Carrigan and others alleged the “non-drowsy” representation is misleading because the medicines contain Dextromethorphan Hydrobromide (DXM), an ingredient known to cause sleepiness. The plaintiffs raised ...