P&G Can’t Shake ZzzQuil Habit-Formation Deception Class Suit

Procter & Gamble Co. failed to convince a federal judge to dismiss a proposed class action alleging it deceptively marketed its ZzzQuil sleep aid products as “non-habit forming.”

Consumer Stephen Sneed cited a variety of scientific studies and articles in his amended complaint that showed diphenhydramine, an ingredient in the products, can form habits over time, the US District Court for the Northern District of California said March 4.

P&G challenged the scientific sources’ methodology, limitations, and comparability, but the sources “sufficiently support” the plaintiffs’ consumer protection claims over diphenhydramine’s habit formation potential, Judge Jon S. Tigar said.

Tigar again ...