‘Non-Drowsy’ Robitussin Makers Agrees to $4.5 Million Settlement

The maker of over-the-counter cough and flu medicine Robitussin agreed to a non-reversionary $4.5 million settlement resolving claims it deceptively advertised products containing dextromethorphan as “non-drowsy.”

The settlement will go to consumers who purchased Robitussin products with the non-drowsy label between February 2016 and the date the court preliminarily approves the proposed settlement, the approval motion filed Monday in the US District Court for the Southern District of New York said.

• Consumers alleged the non-drowsy statement was misleading because DXM can cause sleepiness
• The suit was dismissed in 2023 because their claims were preempted by federal over-the-counter drug regulations, but the consumers appealed the decision
• Haleon entities formerly known as GlaxoSmithKline Consumer Healthcare Holdings and GSK Consumer Health Inc., agreed to exclude “non-drowsy” statements on future marketing and packaging for the products

The consumers are represented by Dovel & Luner LLP. The defendants are represented by Morgan Lewis & Bockius LLP.

The case is Calchi v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, S.D.N.Y., No. 7:22-cv-01341, 7/22/24.